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(영문) 서울동부지방법원 2018.11.02 2018고정996
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who employs six full-time workers in Songpa-gu Seoul Metropolitan Government and operates “C Private Teaching Institutes”.

Defendant Company did not pay total of KRW 15,443,270, total of KRW 200,379, and retirement pay of KRW 7,730,137, and KRW 816,375, and retirement pay of KRW 6,696,379, and total of KRW 15,479, and KRW 270, within 14 days from the date of retirement without any agreement between the respective parties on the extension of the payment date.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. Each complaint of the above workers who expressed their intention not to punish the defendant after the prosecution of this case is filed. D.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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