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(영문) 수원지방법원 2019.11.21 2019고단3255
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of Young-gu building B or D Co., Ltd. in subparagraph C of this Article, is operating a cartoon content service using four full-time workers.

The Defendant did not pay the money in arrears, such as wages, of workers E, etc., from the Seoul Jongno-gu Office 6 to the five post offices from June 1, 2015 to July 31, 2017 under the jurisdiction of the said workplace 58,163,67 won and retirement allowances of 8,126,713 won, and the money in arrears, such as wages, of workers F who worked from July 1, 2015 to July 31, 2017, 28,100,000 and retirement allowances and 4,225,891 won, including wages, of workers F, from July 1, 2015 to July 31, 2017, within 14 days from the date of retirement of each of the said workers.

2. Determination

(a) Applicable provisions of Acts: Before each of the former Labor Standards Act was amended by Act No. 15108, Nov. 28, 2017;

(a) The same shall apply;

Article 109(1) and Article 36 (Notice of Payment of Wages), Article 44 Subparag. 1 and Article 9 (Notice of Payment of Retirement Allowances) of the Guarantee of Workers' Retirement Benefits Act

(b) Crimes of non-compliance with will: Article 109(2) of the former Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On November 21, 2019, after the institution of the instant case, a written agreement containing the victims’ expression of intention not to punish the victims was submitted.

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

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