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(영문) 부산지방법원 동부지원 2019.03.22 2018고정866
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a business owner who ordinarily employs one worker in the name of “D” in Busan Shipping Daegu B and C, and is an employer.

On April 30, 2018, the Defendant did not pay the wages of KRW 2,730,00 and retirement allowances of KRW 2,932,307 of retired workers E, within 14 days from the date of retirement without any agreement on extension of the due date.

2. Determination

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

B. A document stating the employee E’s intent not to be punished for a defendant was submitted on November 23, 2018

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

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