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(영문) 수원지방법원 성남지원 2017.03.31 2017고단147
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the DNA representative director Co., Ltd. located in Seongbuk-gu, Seongbuk-gu, Seoul Metropolitan City, which employs 45 full-time workers and operates software development business.

1. The Defendant in violation of the Labor Standards Act did not pay 194,175,820 won, including the wages of 9,247,450 won to retired workers E, who were employed by the said company from around December 1, 2007 to May 24, 2016, within 14 days from the date of retirement without any agreement between the respective parties on the extension of payment period, as shown in the list of crimes in the attached crime list.

2. On December 1, 2007, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers: (a) served in the said company from around December 1, 2007 to May 24, 2016; (b) did not pay KRW 5,911,60, total amount of unpaid and delayed interest on the retirement pension during the fixed period of retirement to Workers E; and (c) KRW 171,290,170, total amount of unpaid and delayed interest on the retirement pension during the fixed period of 28 employees, as indicated in the list of crimes in the attached Table, within 14 days from the date of retirement without agreement between the respective parties on the extension of the payment period.

2. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 2 and Article 20(5) of the Act on the Guarantee of Workers’ Retirement Benefits: The crime of non-violation of will: Article 109(2) of the Labor Standards Act, Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, and Article 44 of the Act on March 28, 2017, which is the prosecution after the prosecution under the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, dismissed the prosecution against the victims’ failure to prosecute (Article 327 subparag. 6 of the Criminal Procedure Act)

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