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(영문) 서울서부지방법원 2017.12.15 2017고단1292
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who has run a computer system building business using 40 full-time workers as an actual operator of Mapo-gu Seoul Metropolitan Government (ju)C.

A. The Defendant in violation of the Labor Standards Act did not pay the wages of KRW 9,053,935 to D retired from the said workplace from July 8, 2003 to October 15, 2016, and did not pay wages of KRW 16 to 16 workers within 14 days from the date of retirement without agreement between the parties on the extension of payment period, as shown in the list of crimes in the attached Table.

B. The Defendant in violation of the Guarantee of Retirement Benefits for Workers did not pay the retirement allowance of KRW 20,883,404 to D retired from the said workplace from July 8, 2003 to October 15, 2016, and did not pay the retirement allowance of KRW 13 workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, as shown in the list of the attached crimes.

2. Determination and conclusion

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Workers’ Retirement Benefits Guarantee Act;

(b) 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;

C. Submission of a written withdrawal of a complaint after filing a prosecution by the victims

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

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