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(영문) 인천지방법원 2018.07.05 2018고정1409
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative Co., Ltd. in Bupyeong-gu, Bupyeong-gu, Incheon, and six floors, is an employer who runs the PC room franchise business using five full-time workers.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, from January 6, 2014 to June 30, 2016, the Defendant retired from the said workplace and did not pay KRW 969,260 of the D’s wages in May 2016, including the total amount of KRW 1,384,630 of the wages in June 2016, and KRW 2,353,890 of retirement allowances and retirement allowances, 3,402,90 of the retirement allowances, and from April 18, 2016 to May 23, 2016, the Defendant retired from the service and did not pay KRW 1,091,840 of the E’s wages in May 1, 2016, from December 1, 2016 to December 31, 2016 to December 1, 2016, without agreement between the parties to the retirement agreement.

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 (1) of the Guarantee of Workers' Retirement Benefits Act;

C. On May 24, 2018, this Court submitted each written withdrawal containing employee E and D’s expression of intention not to punish workers E and D, and on June 4, 2018, the written withdrawal statement containing employee F’s expression of intent not to punish workers F is submitted respectively.

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

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