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(영문) 수원지방법원 2019.08.16 2019고정707
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of the Dispute Resolution Co., Ltd. in Gwangju City, is an employer who runs a construction business by employing five full-time workers.

The Defendant, at the same place of business, worked from March 17, 2017 to April 30, 2018 at the above place of business, did not pay each amount of KRW 9,752,960, total wages of KRW 838,320 on April 2018 and KRW 9,752,960 on April 17, 2018 within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

B. The Defendant did not pay KRW 5,709,835 of the above E’s retirement allowance in the above workplace as described in the foregoing paragraph (1) and did not pay KRW 23,704,924 of the total retirement allowance of four employees within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as shown in the list of crimes in the attached Table.

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, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. The employee's withdrawal of each complaint is submitted to this court, stating the employee's intent not to punish the defendant.

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

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