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(영문) 서울동부지방법원 2017.08.08 2017고단1849
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user who operates a child clothing manufacturing business as the representative director of Gangdong-gu Seoul Metropolitan Government, the fifth floor of the building B in Seoul.

From January 1, 2014 to February 15, 2017, the Defendant did not pay KRW 545,150 to retired workers D’ on November 1, 2016, KRW 3,646,150 on December 1, 2016, KRW 3,646,150 on January 1, 2017, and KRW 9,790,745 on the aggregate of the wages of KRW 1,953,295 on February 1, 2017, and KRW 1,953,790,745 on retirement benefits and KRW 292.753 on November 15, 2012 on the total of KRW 41,969,015, and KRW 375,37437,37437,3714, respectively, within the agreed date, as indicated in the list of crimes committed.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

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

(c) Unwritten expression of intent not to punish: submission of each of the applications filed by E, F, G, and D, after the institution of the instant prosecution;

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

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