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(영문) 서울서부지방법원 2018.11.06 2018고단2593
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of Mapo-gu Seoul Metropolitan Government Co., Ltd. C and runs software development business using three full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked in the said workplace from May 1, 2015 to November 30, 2016 at the same workplace, including KRW 11,945,280, the total amount of wages of workers D from August 1, 2016 to November 1, 2016, and KRW 14,140,600, and KRW 4,014,515, including KRW 3 retirement allowances of workers E-retirement allowances of workers retired from the said workplace from May 1, 2015 to November 30, 2016, and did not pay KRW 13,307,754, as stated in the attached crime list, within 14 days from the date of the occurrence of the reasons for payment without agreement between the respective parties on the extension of the payment date.

2. Crimes of non-prosecution for judgment: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and the judgment dismissing a public prosecution of non-prosecution for punishment after the instant indictment: Article 327 subparag. 6 of the Criminal Procedure Act.

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