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(영문) 의정부지방법원 2018.09.13 2017고정778
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is C representative in Gyeonggi-si, Gyeonggi-si, who ordinarily employs five workers and operates a food processing business of salary products.

A. The Defendant violated the Labor Standards Act, as well as D’s wage of KRW 11,260,456, working in the above workplace from August 8, 2009 to April 30, 2016, did not pay KRW 27,796,721 as well as KRW 27,721, as the details of money and valuables in arrears attached hereto, within 14 days from each retirement date, without any agreement between the parties on the extension of the payment date.

B. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 933,488 of D retirement allowances from August 8, 2009 to April 30, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the former Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, around August 31, 2018, after the public prosecution of this case was instituted, a worker expressed his/her wish not to punish the defendant. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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