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(영문) 수원지방법원 2018.08.16 2018고단3534
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the C representative Co., Ltd. located in the wife population B, who runs a manufacturing business of news reporting block using eight full-time workers.

A. The Defendant violated the Labor Standards Act at the above workplace, serving as a production worker from March 28, 2012 to December 31, 2013, and served as a driver for the company from March 8, 2004 to December 31, 2013, and did not pay KRW 18,800,000 in total for E’s wages from March 8, 2004 to December 31, 2013, within 14 days from the date of each employee’s retirement without an agreement on extension of payment date between the respective parties.

B. The Defendant violated the Guarantee of Retirement Benefits for Workers in the above workplace. The Defendant did not pay KRW 2,56,849 of the aforementioned D retirement pay and KRW 19,856,788 of the aforementioned E retirement pay and KRW 17,299,939 of the aforementioned E retirement pay, within 14 days from the date of retirement of each worker, without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;

(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. Expression of intention not to punish: A letter of agreement stating the intent not to punish the Defendant is submitted to this court on August 14, 2018.

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

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