beta
(영문) 수원지방법원 2017.11.17 2017고단4395

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 D, Co., Ltd., Ltd., Ltd., in the period of harmony C, runs a manufacturing business using 26 full time workers.

The Defendant, while working in the said workplace from November 28, 2014 to February 1, 2017, did not pay KRW 117,867,387 to 14 days from the date of retirement as stated in the list of crimes in the separate sheet, including that: (a) the amount of wage of KRW 2,400,00 on February 2, 2016 retired from the said workplace; (b) the amount of wage of KRW 2,40,000 on January 2, 2017; and (c) the amount of wage of KRW 3,836,190 on January 3, 2017; and (d) the amount of wage of KRW 117,867,387 on wages and retirement allowances for 13 workers, as stated in the list of crimes in the

2. Determination

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

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

C. Each submission of a written application for a punishment not to punish 12 workers listed in the daily list of crimes other than F on October 20, 2017, following the prosecution of the instant case, to the effect that 12 workers listed in the daily list of crimes other than F do not want the punishment of the Defendant.

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