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(영문) 인천지방법원 2017.05.23 2016고단7921

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the representative of D Co., Ltd. with the third floor of the building in the Nam-gu Incheon Metropolitan City, who employs 13 full-time workers and operates a construction business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from June 26, 200 to June 30, 2016, the Defendant did not pay the aggregate of KRW 12,300,000 of the deposits from April 26, 2016 to June 6, 2016, and KRW 9,900,000,000, and the total of wages from September 16, 2014 to June 30, 2016 to June 30, 2016 to KRW 30,00,000, and KRW 5,90,000,000,000,000 from November 28, 2012 to June 30, 2016 to KRW 40,00,00,000,00 for employees who worked within the period from May 14, 205 to June 30, 2016, to KRW 30,04,010,06.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay the total amount of KRW 45,060,445, including KRW 26,583,377, F’s retirement allowance, KRW 5,847,898, G’s retirement allowance, KRW 8,170,313, and H’s retirement allowance, KRW 45,060,4455, respectively, within 14 days from the date of his retirement.

Maz.

1. Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

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

3. Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Submission of an agreement with the victims who have not been prosecuted after the institution of the public prosecution in this case).