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(영문) 서울남부지방법원 2016.07.27 2016고단1072
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is an employer who has been engaged in the manufacturing business of literacy using 27 full-time workers as the representative director of the corporation C in Gangseo-gu Seoul Metropolitan Government.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, etc. within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the payment deadline.

Nevertheless, the Defendant, even from June 2, 2011 to July 13, 2015, retired from the said workplace, did not pay KRW 280,770,935, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date, including the amount of KRW 1,135,484, and the amount of KRW 9,387,878, which was paid for July 2, 2015, and the amount of KRW 27,80,70,935, respectively, as stated in the list of crimes in the separate sheet of crimes.

2. The judgment is a case in which a public prosecution cannot be instituted against the explicit intent of the victimized employee pursuant to Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, it can be acknowledged that the victims after the instant indictment expressed their intent not to punish the accused. Thus, the public prosecution shall be dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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