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(영문) 의정부지방법원 2018.12.12 2018고단3657

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual manager of the C Co., Ltd. in Spocheon City B, who employs two full-time workers and engages in black processing business.

A. The Defendant did not pay KRW 500,000 in January 2018, and KRW 3 million in February 2018 to the said workplace within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment period, which was conducted from September 3, 2016 to March 13, 2018.

B. The Defendant did not pay KRW 4,578,081 of D retirement pay, which was worked from September 3, 2016 to March 13, 2018 at the said workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) He/she shall express his/her intention not to punish a person after prosecution;

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