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(영문) 청주지방법원 충주지원 2020.01.08 2019고정298
근로자퇴직급여보장법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of a medical corporation C hospital in Chungcheong City B, is a person engaging in medical business with 68 regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

1. The Defendant violating the Labor Standards Act is employed by the chief of the diagnosis and treatment division from March 26, 2018 to November 2, 2018 at the above workplace.

2,40,00 won in July 2018, the wage of 15,00,000 won in August of the same year, the wage of 15,00,000,000 won in September of the same year, the wage of 15,00,000 won in October of the same year, the wage of 15,00,000 won in November of the same year, the wage of 1,46,66 in November of the same year, the settlement of retirement income accounts of 8,159,147 won in total,57,025,813 won in November of the same year without any agreement between the parties on the extension of the payment period.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act shall work as an assistant nurse from September 1, 2017 to March 31, 2019 at the same workplace.

4,752,95 won of retirement allowance E of retired workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.

2. Determination

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

B. After filing the instant indictment, workers D and E submitted a written withdrawal of the complaint stating that they do not want criminal punishment.

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

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