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(영문) 수원지방법원 성남지원 2020.02.06 2019고정1102
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, as an employer, did not pay the worker B’s wages of KRW 7,568,087 and retirement allowance of KRW 10,195,751, and the worker C’s wages of KRW 3,788,230, and retirement allowance of KRW 4,994,347 within 14 days from the date of each retirement without agreement between the parties on the date of payment.

2. Grounds for dismissing public prosecution;

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

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

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (or expression of intention not to punish each of the above workers after the institution of public prosecution);

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