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(영문) 수원지방법원 안산지원 2019.09.25 2019고단2792
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of C Co., Ltd. in Gwangjin-gu, who ordinarily employs 15 workers and engages in meat packaging business.

Where a worker retires, he/she shall pay the wages or retirement allowances within 14 days after the cause for such payment occurred.

The Defendant worked in the foregoing workplace from March 8, 2018 to August 6, 2018, and retired from the workplace, and did not pay 5,403,225 won in total from May 2018 to August 8, 2018 within 14 days from the date of retirement without agreement between the parties to the extension of the due date, and did not pay 3,949,53 won in total for 6 workers retired from the said workplace as shown in the attached list of crimes in the attached Table, and did not pay 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Determination

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

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

C. On August 27, 2019 and September 24, 2019, after the institution of public prosecution, a written application for no punishment that the victims expressed their intent not to want punishment is submitted to this court.

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

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