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(영문) 인천지방법원 부천지원 2016.10.20 2016고정903

근로기준법위반등

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the operator of Seocheon-gu Seocheon-si B who works for the retail business of livestock products using one full-time worker. The Defendant, who worked for from January 25, 2013 to March 20, 2016 at the above workplace, did not pay KRW 2,289,211, retirement pay KRW 8,732,558 of his/her retired worker D wages within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties concerned.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

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

C. On October 19, 2016, after the institution of public prosecution, the victim is not subject to punishment.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.