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(영문) 수원지방법원 성남지원 2016.04.29 2016고정74
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the defendant as the representative of the Co., Ltd. located in Sungnam-gu B B 1501, Sungnam-si, Sungnam-si, who has employed four full-time workers and engaged in real estate development business.

The Defendant did not pay KRW 9 million and retirement allowance of KRW 7,980,821, total amount of wages from January 5, 2015 to March 31, 2015, which he/she worked at the said workplace from March 5, 2012 to March 31, 2015, to 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act - Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act

(b) Offense of Non-Punishment for Workers - Article 109(2) of the Labor Standards Act - the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act

(c) Declaration of intention of the victim not to take action after prosecution: Submission of a letter of withdrawal of complaint on April 28, 2016;

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

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