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(영문) 대전지방법원 2013.09.24 2013고단3364

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of D Co., Ltd. in Chungcheongnam-gun, Chungcheongnam-gun, who is a full-time employee of 20 full-time employee and engages in the manufacturing business of breabbing.

The defendant shall work in the above workplace from June 19, 2006 to April 10, 2013.

The retired E’s wage of KRW 1,114,045 on February 2, 2013, the wage of KRW 1,192,013 on March 3, 2013, the wage of KRW 381,377 on April 2013, the total amount of money and valuables of KRW 3,400,289 on the total amount of money and valuables of KRW 83,950,3346 on April 14, 2013, including the money and valuables of KRW 712,854 on the unused leave in 2012, as shown in the attached list of crimes, did not pay to 18 workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment

B. The Defendant did not pay the total amount of KRW 99,897,681 as stated in the attached list of crimes, including KRW 8,234,39 of E retirement pay, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged of judgment are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which are crimes of non-compliance with the intent of labor under Articles 109(2) and 36 of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. The facts revealed in the record that the victims in the attached list of crimes have withdrawn all their wishing to punish the Defendant on September 24, 2013, after the prosecution of this case was instituted. Thus, all of the indictments of this case are dismissed in accordance with Article 327 subparag.