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(영문) 인천지방법원 2017.05.31 2017고단1368 (1)
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Section C in Bupyeong-gu Incheon Metropolitan City, is an employer who ordinarily employs 130 workers and operates a clothing manufacturing business.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from January 5, 2015 to February 29, 2016, the Defendant did not pay the total of KRW 24,911,533 of the wages of 13 workers as indicated in the attached crime list (A), including the total of KRW 1,66,713 of the wages of 386,713 won in January 2016 and the total of KRW 1,279,40 in February wage of 2016, within 14 days from each retirement date without any agreement between the parties on the extension of payment date.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, from January 5, 2015 to February 29, 2016, the Defendant did not pay 39,171,305 won in total from the date of each retirement within 14 days from the date of each retirement, as stated in the list of crimes (b), including 1,419,137 won of retirement allowances of employees D, working at the same workplace, from January 5, 2015 to February 29, 2016.

2. The facts charged of the instant case can not be prosecuted against the express will of the victims (Article 109(2) of the Labor Standards Act, proviso of Article 44 of the Workers' Retirement Guarantee Act), and it is recognized that the victims have withdrawn their intent to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act, and it is so decided as per Disposition.

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