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(영문) 인천지방법원 부천지원 2013.07.04 2013고정921

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of D Co., Ltd., is an employer who engages in gold-type manufacturing business by employing 52 full-time workers at Ocheon-gu, Ocheon-gu. The Defendant is working from July 1, 201 to October 26, 2012 at the above workplace.

The sum of 2,540,950 won, incentives 784,590 won, retirement allowances of 5,281,000 won, and retirement allowances of 8,606,540 won, paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The board of directors is a crime falling under Article 109(1) of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot institute a public action against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the Defendant submitted a written agreement to prepare the victim to the effect that the Defendant does not want punishment against the Defendant on July 4, 2013, it is so decided as per Disposition by the assent of all participating Justices.