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(영문) 광주지방법원 2018.10.23 2018고단2351
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits Act, which states that the Defendant did not pay KRW 12,500,000 and retirement allowance KRW 2,528,090, out of the wages of Defendant C, who served in the Defendant’s management company B from May 1, 2016 to April 30, 2017, within 14 days after retirement without agreement on the extension of the payment period between the parties.

2. Determination

(a) A crime of non-violation of intention: Articles 109(1), 36, and 109(2) (a) of the Labor Standards Act; Article 44 Subparag. 1, and the proviso to Article 9, and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (a point of the settlement of non-performance of the amount of retirement);

B. Declaration of revocation of complaint: Submission of a written agreement to the effect that the victim will revoke the complaint to the defendant on June 7, 2018, which was after the prosecution of this case.

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

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