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(영문) 대구지방법원 2019.10.29 2019고단4049
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant, as the representative director of the C company in Youngcheon-si B, is an employer who runs a manufacturing business using 16 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

The defendant works in the above workplace from October 4, 2016 to May 9, 2019.

A retired worker D’s wages of KRW 9,275,810, from March 2019 to May 2019, and KRW 81,703,310, as shown in the attached Table of Crimes List, did not pay the total wages of KRW 15,00,00 from the date of retirement within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

The defendant works in the above workplace from October 4, 2016 to May 9, 2019.

The retirement allowance of retired workers D including 10,526,804 won, and the total amount of 106,469,452 won was not paid within 14 days from the date of retirement without an agreement on the extension of the payment due date between the parties concerned, as shown in the attached list of crimes.

Judgment

The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and under Article 109(2) of the Labor Standards Act and the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, public prosecution may not be instituted against the victim’

According to the records of this case, since the attached list workers after the prosecution of this case expressed their intention not to want punishment while withdrawing their complaint against the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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