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(영문) 수원지방법원 2015.06.03 2015고단1417
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant is a manager in charge of the dispute settlement agreement in Young-gu, Young-gu, The defendant is an employer who has operated wholesale and retail business with three regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay the wages of KRW 2,300,000 in August 13, 2013, wages of KRW 1,609,60 in total, KRW 3,909,60 in September 2014, and KRW 2,296,700 in total, within 14 days from the date when the cause for such payment occurred without any agreement between the parties concerned on the extension of the payment period.

Judgment

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

(c) Declaration of non-declaration of punishment: February 24, 2015;

Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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