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(영문) 서울북부지방법원 2019.07.19 2019고단1183
근로기준법위반등
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Defendants in the facts charged are those who jointly operate the Gangnam-gu Seoul Building and the Indoor Earsen Fisheries Center (ju) in the third floor D.

When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendants conspired to work from January 2, 2017 to March 31, 2018 at the said (E) workplace.

The retired F's total amount of 208,340,200 won, including 5,00,000 won for wages of March 2018, was not paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendants conspired to work in the above workplace from January 2, 2017 to March 31, 2018.

The retired F's retirement allowance of KRW 6,219,178 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

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

C. Submission of a written agreement to the effect that each worker in the annexed list of crimes after the prosecution of this case does not want punishment against the Defendants (written application for non-prosecution of punishment)

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

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