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(영문) 청주지방법원 2018.10.25 2018고단1363
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who has employed approximately 17 full-time workers in the Chungcheong-gun B, Chungcheongnam-gun, and operated the dispute resolution committee, which is a public company.

A. The Defendant in violation of the Labor Standards Act did not pay KRW 15,749,827 of the total wages of 17 workers within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table, including KRW 1,557,030 on December 1, 2016 of the victim D, who worked for the said company from June 1, 2016 to August 31, 2017.

B. The Defendant violated the Workers’ Retirement Benefit Security Act, as described in paragraph (1), did not pay 28,060,800 won in total for 13 employees, as stated in the list of crimes in the attached Table, as well as 2,082,220 won in the victim D’s retirement allowance retired while serving in the above company, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act (which refers to the payment of wages, etc.), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to the payment of unpaid wages);

(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. Non-prosecution of punishment: A written agreement on August 30, 2018, after the instant indictment, stating the intent not to punish the above workers. D.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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