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(영문) 수원지방법원 성남지원 2016.08.17 2016고정321

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the representative director of Seongbuk-gu, Seongbuk-gu, Sungnam-si, who operates a lodging business with seven full-time workers.

The Defendant did not pay KRW 2,51,450 and retirement allowances of KRW 17,257,138 within 14 days from the date of retirement, which is the date on which the grounds for payment arise, without agreement between the parties on the extension of the payment date, to November 23, 2013 to June 6, 2015, when he/she worked in the said workplace from December 1, 2008 to June 6, 2015.

2. Determination

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

B. After the prosecution of this case, the employee expressed his intention not to punish the defendant.

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