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(영문) 의정부지방법원 2018.09.05 2018고단2724
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the Co., Ltd. Co., Ltd. B and 802 in South Korea, runs system software development and supply business using 25 full-time workers.

Defendant 23,29,200 won in total of D’s wages from October 1, 2014 to August 31, 2016, from January 201, 2016 to August 201, 2016, including KRW 18,602,208 and retirement allowances of KRW 4,696,92, etc., were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of 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;

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