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(영문) 수원지방법원 2018.08.29 2018고단3749
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who ordinarily employs seven workers as the representative director of the D Co., Ltd. (1002) of the building 1002 of the Gu C Building during the period of Ansan-gu and carries on manufacturing and construction business.

A. The Defendant did not pay KRW 71,90,705 in total, as stated in the list of offenses in the attached Table, to the said workplace, within 14 days from the date of retirement without any agreement on the extension of payment dates between the parties, as well as the payment of KRW 2,250,00 in September 2015, which was worked in the said workplace from July 23, 2014 to August 16, 2017.

B. The Defendant did not pay KRW 11,619,904 of E retirement pay at the above place of business within 14 days from the date of retirement without any agreement on the extension of payment deadline between the parties.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;

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

C. A letter of withdrawal of the E’s petition, stating the intent of not to punish the Defendant, and a letter of non-prosecution of punishment is submitted to this court.

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

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