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(영문) 수원지방법원 안산지원 2018.07.10 2018고단1590
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant, as the representative of the Co., Ltd. C in Ansan-si, is an employer who conducts manufacturing business, such as a printed circuit board, using 40 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay the total of KRW 164,528,484 of wages of 29 workers within 14 days from the date of retirement where the cause for payment occurred, as shown in the attached crime list, as well as KRW 2,80,00,00, working in the above workplace from March 16, 2015 to January 31, 2017, as well as KRW 164,528,484, as in the attached crime list.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) the Defendant paid KRW 5,377,700 of D retirement pay, which worked in the said workplace from March 16, 2015 to January 31, 2017, as well as KRW 82,992,210 in total for 21 employees, as shown in the attached crime chart, within 14 days from the date of retirement where the cause for payment occurred, without any agreement on the extension of the payment date between the parties.

2. Article 109(1) and Article 36 of the Labor Standards Act (in the case of unpaid wages), Article 44 subparag. 1 and Article 9 of the Act on Guarantee of Workers’ Retirement Benefits (in the case of unpaid wages): A judgment dismissing public prosecution on the ground that a non-application for punishment is filed after a public prosecution under the proviso to Article 44 of the Act on Guarantee of Workers’ Retirement Benefits is instituted: Article 109(2) of the Labor Standards Act, Article 327 subparag. 6 of the Criminal Procedure Act;

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