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(영문) 인천지방법원 부천지원 2020.04.09 2019고단3467
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative in Kimpo-si, who runs the mechanical manufacturing business using two regular workers.

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

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

The Defendant had worked from January 1, 201 to May 22, 2019 at the said workplace and retired from the said workplace, and had not paid the total of KRW 23,000,000 and retirement allowances of KRW 17,560,040 within 14 days from the date when the cause for the payment occurred without agreement on the extension of the payment period between the parties concerned.

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 express will of the victimized employee under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, since the employee D withdraws his previous wish to punish the defendant after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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