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(영문) 수원지방법원 성남지원 2021.02.10 2020고정365

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of C Co., Ltd. in Seongbuk-gu, Sungnam-si, who is engaged in physical training and sports education with ten full-time workers.

From February 1, 2018 to March 8, 2019, the Defendant did not pay the amount of KRW 516,393 of the wages of workers D who worked in the said workplace on February 2, 2018, and KRW 1,385,904 of the annual leave allowance in 2018, and retirement allowance 2,921,967 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits; Articles 37 and 38 of the Criminal Act; Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 327 subparag. 6 of the Criminal Procedure Act on the dismissal of public prosecution against a worker D after the prosecution under the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits;