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(영문) 수원지방법원 2018.07.13 2018고단275
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs restaurant business using 10 full-time workers as a manager of C, a company located in Suwon-si District B.

When an employee dies or retires, the employer, without an agreement between the parties concerned, paid all money and other valuables, such as wages, within 14 days from the date of the occurrence of the cause for such payment, but did not pay 96,841,461 won in total for 11 employees as shown in the list of crimes in the attached Form, including 935,484 won in January 1, 2017 to 30 April 2017, as well as 96,841,461 won in total for 11 employees, as stated in the list of crimes in the attached Form.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

C. A written withdrawal of a petition or complaint stating the intent of no penalty against the Defendant is submitted to this court (see, e.g., May 31, 2018; June 27, 2018; and June 29, 2018)

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

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