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(영문) 수원지방법원 2018.01.16 2016고단8198
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who operates C Co., Ltd. in C and engages in the manufacturing of steel plates using ten full-time workers.

A. The Defendant in violation of the Labor Standards Act was working for the said C Co., Ltd. from October 17, 201 to August 19, 2016, and the Defendant did not pay KRW 11,197,04,04, total amount of KRW 779,000,000 from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, including the amount of KRW 2,277,957,957, June 201, and the amount of KRW 3,491,38, July 35, 418, and the amount of KRW 11,197,04,04, which was working for the said C Co., Ltd., as stated in the details of money in arrears, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

B. From October 17, 201 to August 19, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 13,033,738 of retired workers D’ retirement allowances within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned; and (b) did not pay KRW 83,246,743 in total, six employees retired from the said C Co., Ltd., as stated in the details of money in arrears in attached Form C, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

2. Judgment dismissing public prosecution

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

(b) Declaration of non-existence of punishment after public prosecution: A written agreement and withdrawal of complaint on December 5, 2017 and January 9, 2018;

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

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