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(영문) 수원지방법원 2019.10.29 2019고정1348
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative director of C Co., Ltd., in e., in e.g., the Defendant, who ordinarily employs 40 workers and engaged in the manufacturing of electronic parts

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and other valuables, and retirement allowances within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from July 29, 2013 to July 31, 2018 at the above workplace.

In June 2018, 2018, including 66,383 won in overtime allowance and 165,957 won in total, such as 9,57 won in July 2018, including 165,95,957 won in overtime allowance, totaling 185,885 won in total, annual paid leave allowance, 2,045,643 won in total, totaling 10,710,000 won in retirement allowance, 12,908,830 won in retirement allowance, and 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (main sentence)1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

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

C. On October 21, 2019, after the institution of public prosecution, an application for non-compliance with the punishment of victimized workers was submitted.

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

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