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(영문) 대구지방법원 2020.06.25 2020고정619
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual operator of C Co., Ltd. with the office in Daegu Suwon-gu B, who is engaged in an event planning agency business using seven full-time workers.

Defendant in violation of the Labor Standards Act is working for C in a corporation from October 10, 2016 to October 31, 2017.

A retired worker D’s wage of 430,654 won in October 2016, 594, 594,830 won in November, 11, 594, 594,830 won in December, 2017, 68,670 won in January 5, 2017, 573,670 won in February, 573,670, 48,670 won in April, and 28,670 in June, and 479,49,490 won in July, and the wage of 426,490 in September, 126, 490 in total, 5,739, and 5444 in January, 2017, did not pay the retirement wage of 53,670 won in April, 588,670 in May, 6, 209 without agreement between the parties on the date of payment.

B. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is serving in C in the Company from October 1, 2016 to October 31, 2017.

1,751,530 won of retirement allowances of retired workers D 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) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Submission of the victim's withdrawal of complaint after the prosecution of this case

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

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