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(영문) 대구지방법원 2018.04.27 2018고정295
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs seven full-time workers as the representative of the cafeteria “C” in Daegu Suwon-gu B.

From September 18, 2009 to May 31, 2017, the Defendant did not pay the annual allowance of KRW 317,460 for work year 2013, the annual allowance of KRW 89,470 for work year 2014, the annual allowance of KRW 89,470 for work year 2015, the annual allowance of KRW 825,390 for work year 2,941,790, the retirement allowance of KRW 17,926 for work year 2016, without agreement on the extension of the payment date.

2. Determination

(a) Punishment Acts and subordinate statutes: Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44(1) of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 (1) of the Guarantee of Workers' Retirement Benefits Act;

(c) Members not subject to punishment after filing a public prosecution: A written agreement on April 25, 2018;

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

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