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(영문) 서울남부지방법원 2017.09.22 2017고정28
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user who runs a construction business as the actual manager of the Seocho-gu Seoul Metropolitan Government Building D in the fourth floor.

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

Nevertheless, the Defendant did not pay wages of KRW 6,300,00 and retirement allowances of KRW 2,122,120 within 14 days from the date of retirement to July 10, 2013 to E, who were employed by the said company from June 13, 2012 to July 10, 2013.

2. Determination

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

B. A written agreement stating the employee’s expression of intention not to punish the Defendant after the instant indictment was filed ( August 28, 2017)

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

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