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(영문) 의정부지방법원 2019.06.12 2019고단275
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C in Scheon City B, who employs eight full-time workers and operates a furniture manufacturing business.

Defendant in violation of the Labor Standards Act is working for the company on November 24, 2014.

The wages of 28,845,161 won in total for 5 workers, including 1.3 million won in wages of 1.3 million won in May 31, 2018 of D retired on August 31, 2018, were not paid within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on extension of the due date for payment.

B. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, as seen above, did not pay 32,814,872 won in total for seven retired workers as well as 7,179,511 won in retirement allowances for the said D, as well as 32,814,872 won in total for seven retired workers, within 14 days from the date of occurrence of each of the relevant causes for the payment, without any agreement on extension

2. Determination

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

B. After the instant indictment, each of the applications filed by workers D, E, F, G, H, I, and J was filed.

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

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