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(영문) 서울중앙지방법원 2019.01.10 2018고단2827
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in construction business by employing ten full-time workers as the C (State) representative in Echeon-si. B.

Where an employee dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant, from September 1, 2014 to December 31, 2015, while working in the said enterprise, did not pay the total of KRW 62,398,80 and retirement allowances of KRW 48,486,360 within 14 days from the date of retirement without any agreement on the extension of the payment deadline.

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

However, according to the records, it can be recognized that the worker D expressed his/her intention not to punish the defendant after the prosecution of this case was instituted.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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