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(영문) 대전지방법원 2013.12.06 2012고단4521
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. As the representative director of the company B, the Defendant, who is an employer who employs five full-time workers, and operates service business, was employed by the said company as a vice head from November 8, 2010 to June 15, 2012, and was retired from office as the above company’s vice head from October 2011 to June 2012, and the Defendant did not pay 86,931,480 won, including the total wages and retirement allowances of 27,223,50 won, retirement allowances, 2,514,630 won, as stated in the detailed statement of the attached money and valuables in arrears, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. Determination is based on the following: (a) the crime falls under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act; and (b) the crime of non-compliance with the intent to punish the Defendant under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act; (c) it is apparent in the record that all four victims submitted the “written application for non-compliance with punishment” stating that they would not want punishment against the Defendant on December 5, 2013, after the instant prosecution was instituted. Therefore, all of the instant prosecutions are dismissed pursuant

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