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(영문) 수원지방법원 성남지원 2013.03.21 2013고단274
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs construction business as the representative director of the company B in Seongbuk-gu, Sungnam-si.

The Defendant did not pay 89,801,050 won for the total amount of wages and retirement allowances of 7 workers within 14 days from the date of retirement, as stated in the attached Form, including C’s wages of 3,868,440 won on September 12, 2007, and retirement allowances of 13,215,70 won on September 30, 2012, which worked from November 12, 2007 to September 30, 2012.

2. Determination

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

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

(c) Declaration of non-existence of punishment: The letter of withdrawal and withdrawal of each complaint filed on March 4, 2013, which was after the institution of this case was indicted;

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

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