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(영문) 서울동부지방법원 2019.07.22 2018고단4044
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory office is the user who runs the design service business using five regular workers, who is the representative director of Seongdong-gu Seoul Metropolitan Government building B and Co., Ltd. with five floors.

1. An employer in violation of the Labor Standards Act, when a worker dies or retires, shall pay all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred. However, the Defendant, from August 4, 2008 to June 30, 2018, did not pay 8,851,130 won in total, including 3,735,320 won, and 3,735,320 won, and 8,851,130 won, including 3,00 won, within 14 days from the date of each retirement without agreement on the extension of the due date between the parties.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act, when a worker retires, has paid retirement allowances within 14 days from the time when the cause for such payment occurred, but the Defendant, while working from August 4, 2008 to June 30, 2018, did not pay the total of 348,94,74 won of 12 employees as stated in the attached crime list, including 45,853,160 won of retirement allowances of retired workers D, within 14 days from the date when the cause for such payment occurred, without any agreement between the parties on the extension of payment period.

Maz.

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

2. 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.

3. Submission of an application for non-prosecution of punishment on July 19, 2019, which was subsequent to the institution of public prosecution;

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

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