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(영문) 대구지방법원 경주지원 2018.10.04 2018고단294
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged [criminal record] on January 11, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution as an indecent act committed by force in the Daegu District Court’s branch branch on January 11, 2018 and the said judgment became final and conclusive on January 19, 2018.

[Criminal facts] The Defendant is the actual representative of the (State)C in the racing-si, who employs 14 full-time workers and operates the manufacturing business.

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

Nevertheless, the Defendant, as well as 2,405,840 won on July 7, 2016 of D’s wage 2,405,840 on August 31, 2017, was working at the said company’s workplace, did not pay 179,713,896 won in total, such as wages, business suspension allowances, annual paid leave allowances, annual settlement refund, and withdrawal equipment, within 14 days from the date of each retirement.

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

Nevertheless, the defendant did not pay 50,373,681 won in total for four employees as shown in the list of crimes in the attached Form, including that he/she worked in the workplace of the above company and did not pay 14,561,222 won of D's retirement pay around August 31, 2017.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which 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 Workers’ Retirement Benefit Security Act. The victimized workers wish to punish the Defendant after the instant indictment.

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