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(영문) 광주지방법원 2019.10.22 2019고정838
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of the Co., Ltd. in Gwangju North-gu, who ordinarily employs 20 workers and engages in educational services. A.

Wages shall be paid directly in currency to workers in full, and shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant paid D’s wages that he worked in C from April 29, 2016 to October 31, 2017 at Co., Ltd., and paid 6,901,120 won, including 43,416 won on April 2016 as well as 6,901,120 won on the 20th day of the pertinent month, as shown in the attached crime list.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working in C from March 3, 2017 to July 27, 2018.

Retirement pay of retired E 1,216,517 won, and is employed from December 1, 2017 to December 8, 2018.

The retirement allowance of retired FF was not paid KRW 2,147,594 in total, including KRW 931,077,000, within 14 days from each retirement date, without any agreement between the parties on extension of the due date.

2. The charge of violating the Labor Standards Act is an offense falling under Articles 109(1) and 43 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. The charge of violating the Act on the Guarantee of Workers’ Retirement Benefits is an offense falling under Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits and cannot be prosecuted against the victim’s explicit intent under the proviso of

However, according to the records, the victim G may be acknowledged as having withdrawn from each other by submitting each written agreement on October 17, 2019, the victim F, the victim F, and E on October 18, 2019, and the victim D on October 21, 2019. Thus, Article 327 of the Criminal Procedure Act is applicable.

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