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(영문) 청주지방법원 2019.11.29 2019고정666
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a C representative which is linked to B in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and is an employer who ordinarily employs five workers and operates a convenience store.

Employees from September 28, 2017 to October 12, 2018 shall work as employees at the above workplace of the defendant.

D's wages totaling KRW 7,471,903, including KRW 233,152 of the wages in October 2017, was not paid until 14 days from the date of retirement without an agreement of the parties to the extension of the due date, as shown in the attached list of crimes.

B. The Defendant is employed as an employee from September 28, 2017 to October 12, 2018 at the foregoing workplace.

The retirement allowance of 1,518,467 won was not paid until 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged above are 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 cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, each worker after the above indictment was instituted can be recognized as having withdrawn his/her wish to punish the defendant, so the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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