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(영문) 서울서부지방법원 2019.05.28 2019고정311
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant is a person who is a manager of C, Inc. located in Yongsan-gu Seoul Metropolitan Government and runs a manufacturing wholesale and retail business using eight full-time workers.

If an employee retires, the employer did not pay all money and other valuables and retirement allowances within 14 days from the date of his/her retirement, even though he/she paid such money and other valuables and retirement allowances to the employee D who had worked from May 1, 2017 to October 10, 2018, wages of 3,000,000,000 won in May 2018, 2018, wages of 3,00,000,000 won in July 2018, and wages of 3,00,00,000,000 won in August 2018, 2018, and wages of 3,00,000,000,000 won in September 1, 2018, including wages of 1,000,0000 won in October 1, 2018, 30,0000,000 won and 3339.

Judgment

In the case of the crime of non-prosecution of intention: Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers' Retirement Benefits; Article 44 of the Act on the Guarantee of Workers' Retirement Benefits; and Article 327 subparag. 6 of the Criminal Procedure Act explicitly expresses that the employee D does not want to be punished by the defendant (written petition and withdrawal on May 13,

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