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(영문) 인천지방법원 부천지원 2017.03.16 2017고단283
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the D representative in Bupyeong-si C, who runs the manufacturing business of motor vehicle parts with eight full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 39,196,660 won in total, and 197,725,467 won in total, and 197,725, and 1467 won in total, including 2,242,400 won in the attached crime list, of 8 employees, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.

2. In light of the judgment, each of the above crimes cannot be discussed against the victims’ express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records of this case, it is recognized that the victims have withdrawn all their expression of intent to punish the Defendant to this court on March 14, 2017 after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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