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(영문) 의정부지방법원 고양지원 2015.07.24 2015고정427
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who runs the automobile parts manufacturing business using six full-time workers under the trade name “D” in the Seocho-gu Seoul Metropolitan Government.

The Defendant did not pay KRW 10,711,410 in total, including annual leave work allowances of KRW 5,177,200 and retirement allowances of KRW 5,534,210, etc., to E who retired while working in the said workplace from October 23, 1992 to December 10, 2013, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

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. According to the letter of withdrawal of a petition submitted by a defense counsel, it is determined that the employee E withdraws his/her expression of intent to punish the defendant.

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

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