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(영문) 의정부지방법원 2018.06.27 2018고단1800
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is an actual operator of C in Jung-gu Seoul Metropolitan Government B and C, who employs ten full-time workers, and engages in the business of manufacturing and selling craft products.

A. On March 27, 2014, the Defendant violated the Labor Standards Act: (a) while working for the said company on July 1, 2017, the Defendant did not pay KRW 21,737,284 in total, including KRW 540,00,00, which was retired on September 1, 2015, to three workers, within 14 days from the date of the occurrence of each payment cause, without any agreement between the parties on the extension of the payment date.

B. The Defendant in violation of the Workers’ Retirement Benefit Security Act, as seen above, did not pay KRW 16,512,243 in total for three retired workers as well as KRW 8,724,825 in retirement allowance for the aforementioned D, within 14 days from the date of occurrence of each payment cause, without any agreement between the parties on the extension of the payment date.

2. Determination

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

(b) Workers shall express their intention not to punish after prosecution.

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

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