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(영문) 서울서부지방법원 2019.05.29 2018고단4152
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director in Yongsan-gu Seoul Metropolitan Government, is a full-time employee, who runs real estate investment advisory business.

An employer, when a worker retires, shall pay all money and valuables, such as wages, and retirement allowances, within 14 days from the date when the cause for such payment occurred unless agreed by the parties concerned, but did not pay 131,383,421 and 10,972,990 won, including 3,333 won on April 1, 2015 to the worker D, who worked from January 1, 2015 to July 31, 2016, as shown in the list of crimes in the attached Table, respectively, within 14 days from the date of retirement.

2. Determination of applicable provisions of Acts: Article 109(1) and Article 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply); Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the former Labor Standards Act; Article 44 of the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act; Article 44 of the former Act provides that workers D and E shall not want to be punished by the defendant (each written agreement dated May 28, 2019): Rejection of public prosecution under Article 327 subparag. 6 of the Criminal Procedure Act;

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