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(영문) 인천지방법원 부천지원 2019.08.29 2019고단2164
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

The defendant is the third representative director of the dispute resolution committee in Bupyeong-si B, who runs the manufacturing business with six regular workers. A.

The Defendant had worked from September 23, 2016 to December 26, 2018 at the same place of business, and had retired from D’s wages of KRW 572,670 on December 12, 2017 and had not paid KRW 9,876,440 in total, as indicated in the attached crime list, within 14 days from the date the cause for payment occurred without agreement between the parties on the extension of the due date.

B. The Defendant worked in the foregoing workplace from September 23, 2016 to December 26, 2018, and did not pay KRW 2,296,628 of D retirement pay within 14 days from the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date.

2. Provisions of applicable Acts to the facts charged: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Guarantee of Workers' Retirement Benefits Act; Article 327 subparag. 6 of the Criminal Procedure Act;

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