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(영문) 인천지방법원 부천지원 2018.12.18 2018고정815
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

Punishment of the crime

1. In the facts charged, the Defendant is an employer who runs a manufacturing business using six full-time workers as the representative director of D Co., Ltd. in Kim Jong-si.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Defendant 1 worked in the said workplace from December 1, 2017 to April 30, 2018, and retired from the said workplace from the said workplace from December 1, 2017 to April 30, 2018, each of the wages of KRW 5,000,000,000 each month from October 20 to May 10, 2008, and the amount of monthly wages of KRW 2,50,000,00 each month from January 20 to April 2018, 208, and did not pay KRW 35,83,30,00 each month from May 83, 2018 to April 2018 without an agreement between the parties on the extension of payment date.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Defendant 1 worked in the above workplace from October 20 to May 10, 2008, and did not pay retirement allowance of FF 13,205,129, respectively, within 14 days from the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

2. Determination

A. The crime of non-compliance: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Act on Guarantee of Workers’ Retirement Benefits. (b) Workers after the prosecution of the instant case indicate their own intention to be subject to punishment.

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

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