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(영문) 대구지방법원 경주지원 2020.02.20 2019고정101
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of C in the racing-si, is an employer who employs three full-time workers and operates a restaurant.

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

Nevertheless, the Defendant did not pay KRW 12,910,204 in total, within 14 days from the date of his/her retirement, after May 22, 2018.

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

Nevertheless, the Defendant did not pay KRW 8,301,144 of retirement allowances of retired workers D within 14 days from the date of retirement on May 22, 2018 at the above workplace.

2. 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 cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the facts are acknowledged that the victim expressed his/her intent not to be punished against the Defendant after the instant indictment was instituted, all of the instant prosecutions are dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

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