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(영문) 춘천지방법원 2020.06.08 2020고정41
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who conducts real estate appraisal business as the president of the Dwon Branch Co., Ltd., Ltd., located in B building C in Chuncheon City.

The Defendant violated the Labor Standards Act at the foregoing workplace and worked as an appraiser from January 16, 2015 to May 28, 2019, and did not pay KRW 14,59,498 within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties to the contract, as an aggregate of KRW 7,239,271 won in April 2019, and KRW 3,055,230 in May 2019.

B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act was employed as a certified public appraiser at the aforementioned workplace from January 16, 2015 to May 28, 2019, and did not pay KRW 29,759,298 of the retirement allowances retired from office within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned.

2. We examine the judgment. Each of the above facts charged is a crime 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, and it cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the "written withdrawal of complaint" recorded in the trial records, it is recognized that the victim E has withdrawn his/her wish to punish the defendant on June 1, 2020 after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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