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(영문) 서울서부지방법원 2018.04.20 2018고단435
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. When a worker dies or retires from office, the employer of the facts charged shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties concerned with the extension of the payment deadline;

The defendant is an employer as a representative of (State) D in Seodaemun-gu Seoul Metropolitan Government.

From June 1, 2010 to July 31, 2016, the Defendant did not pay KRW 7,200,000 as well as KRW 14,492,190 as well as the total amount of KRW 7,200,00 as well as KRW 14,492,190 as well as the total amount of KRW 48,00,000 as well as the total amount of KRW 68,824,230 as shown in the list of crimes in the separate sheet of crimes, even though there was no agreement between the parties on the extension of the payment date, the Defendant did not pay within 14 days from the date of retirement, notwithstanding the absence of agreement between the parties on the extension of the payment date.

2. The fact that the public prosecution violated the Labor Standards Act due to the non-payment of wages and the violation of the Act on the Guarantee of Workers' Retirement Benefits due to the non-payment of retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits), and Article 327 subparag. 6 of the Criminal Procedure Act on March 21, 2018, the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Labor Standards Act.

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