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(영문) 인천지방법원 2014.04.07 2013고단6651
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Bupyeong-gu Incheon Bupyeong-gu B Co., Ltd., the Defendant is an employer who runs publishing business using 15 full-time workers.

The Defendant in violation of the Labor Standards Act did not pay KRW 265,076,05 in total, as stated in the details of the money and valuables in arrears (wages, etc.) in the attached Form to 18 employees, including KRW 1,157,430 on July 7, 2012, as well as KRW 1,157,430 on April 17, 2013, within 14 days from the date of retirement without agreement on the extension of the payment date.

B. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 227,110,420 in total, as stated in the details of the money and valuables in arrears (retirement Allowances) with respect to 13 employees, including D’ retirement pay of KRW 33,369,680, which was employed in the above workplace and retired on April 17, 2013, within 14 days from the date of retirement without any agreement on extending the payment deadline.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. The records reveal that the victim E, F, G, H, I, J, K, K, M, M, N,O, on December 18, 2013, after the instant indictment was instituted, the victim P, Q, R, S, and the victim D on March 7, 2014, the victim T, on April 2, 2014, and U, for whom each of the Defendant wishes to be punished, the instant prosecution is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

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