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(영문) 인천지방법원 부천지원 2017.03.30 2016고단2672

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant, as the representative director of C Co., Ltd. located in Kimpo-si, employs 13 full-time workers, and is an employer who runs the grain distribution business. On November 13, 2015, he/she 3,59 won of D's retirement pay,712,819 won of E's wages, retirement pay 6,90,775 won, 623,327, 60, 327, 036, 1760, 178, 208, 360, 47, 208, 196, 208, 306, 208, 306, 306, 170, 036, 296, 2016, 208, 306, 25, 206, 2016.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 (Payment of Wages) of each Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act (unpaid wages) and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (unpaid amount of retirement wages).

C. The above workers are not subject to punishment after prosecution.

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