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(영문) 서울서부지방법원 2019.05.02 2018고단2750 (1)
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an actual operator of Mapo-gu Seoul Metropolitan Government C, who runs an advertising business with six regular workers.

Notwithstanding the fact that an employer shall pay all money and valuables, such as wages, and retirement allowances, within 14 days from the date of retirement unless agreed by the parties concerned, if the employee retires, the Defendant did not pay 95,483,110 won, including 973,30 won in December 16, 2017, for four workers, as stated in the attached crime list, as well as 95,483,110 won in total for four workers, as stated in the attached crime list.

2. Determination of applicable provisions of Acts: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Guarantee of Workers' Retirement Benefits Act; and Article 44 of the Guarantee of Workers' Retirement Benefits Act; and Article 327 subparag. 6 of the Criminal Procedure Act where all the four workers are dismissed

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