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(영문) 대구지방법원 2019.03.21 2018고단6086
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of the “C” in Daegu Northern-gu B, is an employer who employs ten full-time workers and operates a manufacturer of motor vehicle parts.

From July 1, 2016 to January 3, 2018, the Defendant did not pay KRW 9,449,642 in total, including KRW 6,660,00 and retirement allowances of KRW 2,789,342, as well as KRW 6,660,00, and retirement allowances of KRW 2,789,342, within 14 days from the date of retirement, without an agreement on extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 38,225,178 of wages and retirement allowances of six workers within 14 days from the date of each retirement without agreement on extension of the due date, as stated in the attached list of crimes.

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. Each written statement indicating that all workers indicated in the separate sheet do not want the Defendant’s punishment has been submitted on January 15, 2019.

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

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