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(영문) 인천지방법원 부천지원 2019.01.17 2018고단2047

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

Public Prosecution Rejection Parts

1. The Defendant is an actual management owner of C Co., Ltd. in the facts charged, Kimpo-si, and an employer who runs a manufacturing business of Jeju-do with six regular workers.

From July 1, 2012 to October 10, 2017, the Defendant is working in the above workplace.

The retirement D’s wages of KRW 1,150,00 for December 1, 2015, and KRW 29,400,000 for monthly wages of KRW 2,450,00 for January through December 12, 2016, and KRW 23,850,00 for monthly wages of KRW 23,850,00 for each month from January through September 2, 2017, and KRW 854,830 for annual wages of KRW 8530 for 58 days from July 1, 2013 to June 30, 2017, did not pay annual unpaid annual allowances of KRW 5,446,656 for 60,701,486, retirement allowances of KRW 13,539,50 for each party without agreement on retirement within 14 days from the date of each payment.

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Expression of intention not to prosecute after the prosecution of this case

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