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(영문) 수원지방법원 안산지원 2019.08.23 2019고단1159
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who employs 11 full-time workers in Ansan-si, a member B and operates C of a manufacturing company.

The Defendant is working from October 14, 2017 to December 31, 2018 at the above workplace.

Re-retirement D’s wages of KRW 8,218,95 and retirement allowances of KRW 3,260,185 (2) from October 1, 2018 to October 31, 2018.

Retired E’s wages of KRW 3,00,000, and ③ February 15, 2016 to December 31, 2018.

The retired FF’s wages of KRW 9,740,521 and retirement allowances of KRW 9,145,879, and ④ February 14, 2014 to December 31, 2018.

G’s wage of KRW 11,200,00 and retirement allowance of KRW 16,875,402, and KRW 5,00 from November 2, 2017 to November 30, 2018.

H’s wages of KRW 7,700,000 and retirement allowances of KRW 3,964,317, and 6.15- October 15, 2018 to December 31, 2018.

Retirement I’s wages of KRW 6,100,000,70 from September 20, 2018 to December 31, 2018

The retired JJ’s wages amounting to 8,850,000 won, 8,000 won from September 20, 2018 to December 31, 2018.

The retired K's wages of KRW 9,050,00,00, and 9 March 7, 2018 to December 31, 2018.

L's wage of KRW 6,00,000,000, 00 January 3, 2017 to July 31, 2018.

Retirement pay of retired M 3,274,828, 11 June 1, 2016 to August 14, 2018.

13,478,411 won in total of wages and retirement allowances of 11 employees, including 7,098,284 won in retirement and retirement allowances (i.e., the total of 69,859,516 won in total of 69,859,516 won in total) of retired N's retirement allowances, without good cause, until 14 days have passed from the date of retirement, without any agreement on extension of the due date between the parties concerned.

2. Determination

(a) Provisions of applicable provisions to facts in prosecution: Articles 109(1) and 36 of the Labor Standards Act, main text of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances);

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

(c) Submission of an expression of intent not to punish workers after the institution of public prosecution (a letter of withdrawal of each of the above workers, stating that workers E does not wish to be subject to criminal punishment on reference materials submitted to this court on April 3, 2019);

(d) Public prosecution;

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