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(영문) 수원지방법원 안산지원 2016.01.20 2015고단2905

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs an electronic component manufacturing business under the trade name “D” in Ansan-si Member C, Ansan-si.

A. The Defendant violated the Labor Standards Act: (a) from June 8, 2007 to February 28, 2014, the victim E did not pay KRW 4,800,000 for the last three months of the payment period to the worker in charge of product inspection at the said workplace; (b) within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of payment period.

B. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 10,774,791 of the Victim E retirement allowance of the person retired from the said workplace after having worked in the said workplace as described in the foregoing paragraph (a) within 14 days from the date of retirement, which is the date when the grounds for payment occurred, without any agreement between the parties

2. Crimes of non-guilty for judgment: Dismissal of a public prosecution for withdrawal of an employee's intent to punish the defendant after instituting a public prosecution under Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act: Article 327 subparagraph 6 of the Criminal Litigation Act.