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(영문) 인천지방법원부천지원 2020.11.04 2020고단3472
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant who runs a lodging business with the representative of Section C located in Bupyeong-si and 13 full-time workers located in Section B.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the foregoing place of business, worked from July 25, 2017 to April 30, 2019, and retired from D’s pay 126,32 won in July 2017, as well as 1,415,271 won in total for three workers, including 52,083,921 won in total, 3,624,818 won in total, and 3,624,818 won in total, as indicated in the list of crimes in the separate sheet of crimes, did not pay the same within 14 days from the date when the cause for payment occurred without an agreement on the extension of the due date between the parties.

2. Determination

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

(b) Each crime of non-compliance;

C. After the prosecution of this case, a written agreement on October 8, 2020, stating the intention not to punish the defendant of D, E, and F was submitted.

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

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