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(영문) 대구지방법원 2020.04.22 2020고정241
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is as follows: “Defendant is an employer who employs three full-time workers in the second floor of the building B in Daegu Jung-gu and operates restaurant business. From October 5, 2012 to November 23, 2016 at the above workplace, Defendant: (a) provided a kitchen services; and (b) provided a worker D’s retirement pay of KRW 825,000 to November 24, 2016; and (c) did not pay KRW 2,407,142 within 14 days from the date of the occurrence of the cause of payment without any agreement on extension of the due date between the parties; and (d) pursuant to Article 109(1) and Article 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act or the proviso to Article 44(2) of the Act on Guarantee of Workers’ Retirement Benefits, the victim cannot be prosecuted against the victim’s intent to be dismissed.

It is so decided as per Disposition for the above reasons.

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