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(영문) 인천지방법원 부천지원 2015.12.29 2015고단2713

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is the representative director of the K Co., Ltd. in Bupyeong-gu, Seocheon-gu, Won-gu, who is an employer who operates a black stuff sales business using 18 regular workers.

The Defendant did not pay KRW 6,305,590, in total, from July 26, 2013 to June 30, 2015, including wages 2,166,660, retirement allowances, retirement allowances 4,138,930, etc. on June 6, 2015, to workers D, who were employed in the said workplace and retired from the said workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total amount of 36,911,971 won of wages and retirement allowances of 5 workers within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as stated in the attached list of crimes.

2. Determination of applicable provisions of Acts: Article 109 (2) of the Labor Standards Act, the latter part of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and subparagraph 6 of Article 327 of the Criminal Procedure Act (workers shall indicate his/her intention not to punish a