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(영문) 서울남부지방법원 2018.04.18 2017고단4853
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the user who is the representative director of Yeongdeungpo-gu Seoul Metropolitan Government 501 building C (main director) and runs the wholesale and retail business using three full-time workers.

1. The Defendant violated the Labor Standards Act, as from January 19, 2015, did not pay KRW 25,097,415 in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table, including KRW 1,024,530 of the wages of retired workers D on March 1, 2017.

2. On January 19, 2015, the Defendant violated the Act on the Guarantee of Retirement Benefits of Workers, while serving in the said company from January 19, 2015, and on March 1, 2017, the Defendant did not pay KRW 4,825,881 of the retirement allowances of retired workers D within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on

Judgment

1. Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act (a point of payment of wages), Article 44 subparag. 1 and 9 of the Act on the Payment of Wages to Workers (a point of payment of unpaid wages);

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

3. Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (when a public prosecution is instituted, April 17, 2018).

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