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(영문) 서울북부지방법원 2019.08.13 2019고단303
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who ordinarily employs 12 workers under the trade name of “C” in Dobong-gu Seoul Metropolitan Government, thereby engaging in spaw and retail trade.

From October 16, 2012 to June 24, 2018, the Defendant, while working at the “Cjin Store” located in Jinju-si D department stores, did not pay KRW 5,79,500, retirement allowance of KRW 9,749,906, which was retired, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date, and did not pay KRW 28,948,053, total wages and retirement allowances for seven workers, as indicated in the attached list of crimes, within 14 days from the date of retirement.

2. Determination

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

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

C. A written agreement with workers is submitted after the prosecution of this case.

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

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