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(영문) 인천지방법원 2014.01.07 2013고정2726

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the D Co., Ltd. in Bupyeong-gu Incheon Metropolitan City, is an employer who runs transportation business using 90 full-time workers. A.

The Defendant did not pay KRW 483,391,00,00 from April 15, 2005 to October 31, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the due date.

B. The Defendant did not pay KRW 14,796,90 of E’s retirement allowances from April 15, 2005 to October 31, 2012 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. Determination

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

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. Expression of intent that E does not want to be punished against the defendant after the indictment of this case

(d) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;