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(영문) 수원지방법원 2020.06.12 2020고단1246
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is the representative of the Young-gu C Hospital located in Young-gu, The facts charged. ① The Defendant worked from June 27, 2013 to October 4, 2019 at the said place of business, and paid KRW 588,542 to October 4, 2019 of retired D’s retirement pay of KRW 15,691,41, and ② the said place of business from February 10, 2014 to October 4, 2019 and did not pay KRW 588,509 and retirement pay of KRW 14,303,90 on October 10, 2019, and ③ the said place of business from October 12, 2015 to October 4, 2019 without agreement between the parties to retirement within the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records of the instant case, the victims expressed their intent not to punish the Defendant on February 3, 2020, and thus, the instant prosecution in this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

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