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(영문) 서울동부지방법원 2017.03.09 2017고정118

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director of the Co., Ltd. with the wife population B, runs a food manufacturing business using 15 full-time workers.

The Defendant did not pay the total amount of KRW 3,831,660 and retirement allowances of KRW 8,236,180 from September 1, 2010 to June 11, 2016 to retired workers D, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

2. Determination

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

(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. Declaration of intent that D Workers of the Navy does not want to punish the Defendant ( January 20, 2017)

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