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(영문) 광주지방법원 2020.12.09 2019고단3271

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. Co., Ltd. in Jeonyang-gun, is an employer who employs six full-time workers and operates indoor interior interior decoration and manufacturing business, etc. The Defendant, from March 1, 2016 to September 30, 2018, worked for the said Co., Ltd. and did not pay the said Co., Ltd. wages of KRW 3,169,000 for September 1, 2018 and retirement allowances of KRW 6,325,193 for retirement allowances of KRW 3,705,00 for August 2018, and monthly wages of KRW 3,705,00 for KRW 6,325,193, and KRW 3,720,000 for workers F’ wages of KRW 3,720,00 for September 1, 2018; the date of payment for retirement allowances of KRW 209,369,2086.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. After the prosecution of this case, workers expressed their intention not to punish the defendant.

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