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(영문) 창원지방법원마산지원 2020.12.03 2020고단1149
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is a person in charge of the business of operating a timber processing manufacturing business by employing three full-time employees as the actual representative of the dispute resolution committee in the Simsan-si Seoul Special Metropolitan City, Changwon-si B.

The Defendant is in charge of timber processing in the foregoing workplace and works from March 31, 2017 to September 30, 2019.

A retired worker D’s wage of 628,350 won in March 2019, and wage of 3,000,000,000 won in April through September 2019, plus 18,628,350 won in total, and work from May 10 to September 30, 2019.

In September 2019, two of the victimized workers E, including wage of KRW 2,300,00,000, did not pay KRW 20,928,350 in total, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

B. The Defendant did not pay the total amount of KRW 10,021,112 of the retirement allowances of two victimized workers, including KRW 7,244,484, and KRW 2,776,628, and KRW 14,000,000,000,000,000,000,000,000,00

2. The facts charged in the instant case are the 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, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against or against the victim’s explicit intent.

However, according to each “written withdrawal of a complaint (written withdrawal of a complaint)” which was submitted after the prosecution, all workers expressed their intent that they do not want to be punished against the defendant around October 5, 2020.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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