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(영문) 광주지방법원 2018.12.13 2018고정699

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, which states that the Defendant did not pay KRW 6,300,000 and retirement allowances of KRW 5,228,816 within 14 days from the date of the occurrence of the reasons for payment, while operating the C Stock Company from January 1, 2012 to July 15, 2016, as well as KRW 6,30,000 and retirement allowances of KRW 5,228,816.

2. Determination

(a) Crimes of non-compliance with an intention: Articles 109(2), 109(1), and 36 (a) of the Labor Standards Act; the proviso to Article 44 of the Act on Guarantee of Workers' Retirement Benefits; Articles 44 (proviso) 1, and 9 (a point of failing to pay retirement allowances);

B. Declaration of revocation of complaint: Submission of a written agreement to the effect that the victim will revoke the complaint to the defendant on October 29, 2018, which was after the prosecution of this case.

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