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(영문) 의정부지방법원 2018.07.06 2018고단1688
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who actually runs the C post-industrial cook located in Speaker-si B.

A. The Defendant did not pay KRW 400,000 of wages of 2 workers within 14 days from each retirement date without any agreement between the parties on the extension of payment date, as stated in the list of crimes in the attached Table, including that the Defendant did not pay KRW 1,60,000 of wages of 2 workers within 14 days from the retirement date of June 6, 2017, which was worked at the above workplace from August 1, 2014 to April 30, 2017.

B. The Defendant did not pay KRW 4,450,546 out of the above D’s retirement pay within 14 days from the date of retirement, and did not pay KRW 10,354,139 in total for three employees within 14 days from the date of each retirement without any agreement between the parties on the extension of the payment deadline, as stated in the list of crimes in the attached list of crimes.

2. Determination

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

B. After the prosecution of this case, a statement of withdrawal of a petition stating the employee's expression of non-guilty to punish the employee is submitted.

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

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