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(영문) 수원지방법원 2018.10.11 2018고단3665

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, in the facts charged, is the representative director of the Corporation C located in Heung-gu B, who ordinarily employs 23 workers and conducts the business of manufacturing industrial process control equipment.

1. In addition, the Defendant did not pay KRW 1,39,725 of D’s wage in December 2017, which was worked from November 1, 2017 to December 7, 2017 at the said workplace, and did not pay KRW 47,721,674 of the total wages of 12 retired workers within 14 days from the date of retirement without any agreement on extension of payment date between the parties, as shown in the list of crimes in the attached Table.

2. The Defendant did not pay KRW 12,403,539 of E’s retirement allowances, which served from October 16, 2014 to November 10, 2017 at the above workplace, and did not pay KRW 29,87,616 in total for four retired workers, as shown in the list of crimes in the attached crime, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.

2. Crimes of non-prosecution for judgment: The judgment dismissing a public prosecution where the workers after the prosecution of this case under Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act indicate their intention not to punish the defendant: Article 327 subparag. 6 of the Criminal Procedure Act.