beta
(영문) 인천지방법원 2015.06.01 2015고정694

근로기준법위반등

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is a person who carries on service business as a representative D Co., Ltd. located in Jung-gu Incheon Metropolitan City.

The Defendant violated the Labor Standards Act, from December 27, 201 to February 28, 2013, did not pay KRW 1,900,000 as wages on December 12, 2012, and KRW 2,700,000 as wages on January 2, 2013, and KRW 2,700,00 as wages on February 2, 2013, and annual leave allowances of KRW 1,550,239 as annual leave allowances, and KRW 8,850,239 as wages on February 27, 201 to February 28, 2013, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

B. The Defendant violated the Guarantee of Workers' Retirement Benefits Act

The retirement pay of 3,402,739 won, working at the time and place specified in the paragraph, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Submission of a written agreement to the effect that on May 28, 2015, after the instant indictment, workers E does not want punishment.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;