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(영문) 대구지방법원 서부지원 2018.02.28 2017고단708

근로자퇴직급여보장법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates C with the purpose of manufacturing glass from the cellular phone located in Daegu-gun Group B.

The Defendant worked in the company from April 11, 2014 to July 6, 2016 and did not pay the total of KRW 1,692,960,00, including the amount of KRW 1,500,000 for retired workers D, in June 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, and did not pay the total of KRW 12,49,970 for three workers within 14 days from the date of retirement, as stated in the list of crimes in the attached Table.

2. Determination:

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

C. The expression of non-existence of punishment: The submission of a written confirmation by the victimized workers on February 7, 2018, which clearly expresses his/her intention not to punish, after the institution of the instant indictment.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;