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(영문) 인천지방법원 2016.10.13 2016고정2248
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is D representative in Nam-gu Incheon Metropolitan City C, who runs a household plastic manufacturing business using 29 regular workers. A.

The Defendant worked in the foregoing workplace from March 1, 2009 to February 29, 2016, and retired from office, as well as KRW 20,574,60,00 in total of three retired workers’ wages, including KRW 2,424,320 in December 20, 2015, KRW 2,424,320 in January 2, 2016, KRW 2,429,730 in February 2, 2016, and KRW 254,970 in the year-end year-end settlement refund for year 2015 in the attached Form, as stated in the details of arrears in the case reported by each workplace, and without any agreement between the parties on the extension of the payment date between the parties.

B. The Defendant had worked from March 1, 2009 to February 29, 2016 at the above workplace, and had not paid retirement allowances of KRW 10,830,583 during the period of his/her retired E’s service, as well as KRW 29,525,157, including KRW 10,830,583, during the period of his/her retirement service, as stated in the details of the arrears reported by the attached business place, within 14 days from the date of his/her retirement,

2. Determination

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

B. Submission of each written agreement to the effect that workers E, F, and G do not want punishment against the defendant on September 5, 2016, which was after the institution of the instant indictment.

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

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