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(영문) 인천지방법원 부천지원 2017.11.30 2017고단2561
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of “C” located in Kimpo-si, and is an employer who engages in the business of manufacturing materials of building equipment using full-time workers at the above workplace, and the Defendant did not pay KRW 3,501,80 of D’s wages of retired workers around March 13, 2017, KRW 18,142,481 of retirement allowances, and KRW 5,960,970 of E’s wages of retired workers around March 30, 2017, KRW 3,265,712 of retirement allowances within 14 days from the date of each retirement without an agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 (Payment of Wages) of each Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act (unpaid wages) and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (unpaid amount of retirement wages).

C. The above workers are not subject to punishment after prosecution.

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

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