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(영문) 의정부지방법원 2018.10.19 2018고단2807
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative in Gyeonggi-do Group B, employs 7 full-time workers and operates the manufacturing business of electrical appliances.

1. On November 1, 2011, the Defendant violated the Labor Standards Act, while working for the said company on March 31, 201, and did not pay the total of KRW 13,386,298 for three workers within 14 days from the date of occurrence of the relevant payment cause, as shown in the attached Table C (excluding the part concerning retirement payment), as well as the amount of KRW 3,000,020 of the wages of February 31, 2018, which was retired from March 31, 2018.

2. As above, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers, as well as the retirement allowances of KRW 19,219,020 against the above D, did not pay KRW 65,01,630,00 in total for five retired workers as well as KRW 19,219,020,00 for the retirement allowances of the said D, within 14 days from the date of occurrence of the relevant payment cause, without any agreement between the parties on the extension of the payment date.

2. Determination

(a) 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;

(b) Workers shall express their intention not to punish after prosecution.

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

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