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(영문) 인천지방법원 2019.01.10 2017고단9530
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative director of the C Co., Ltd. located in Namdong-gu Incheon Metropolitan City B, who employs 10 full-time workers and operates wholesale and retail business.

When a worker retires, the employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the said workplace from December 14, 2015 to February 11, 2017, did not pay the total of KRW 11,854,760, bonuses1,833, and retirement allowances of KRW 2,104,870, and KRW 15,792,963, and KRW 15,792,963, and KRW 15,554,838, and KRW 2,000, and KRW 1,973,890, KRW 13,528,728, and KRW 1,833, and KRW 1,833, and KRW 2,00,00, KRW 13,528,728, from January 4, 2016 to May 23, 2017, and did not pay the retirement allowances of workers E within KRW 15,54,201, KRW 184,2015,29400.

2. We examine the judgment. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and 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 Guarantee of Workers' Retirement Benefits Act. According to the records of this case, it can be acknowledged that the victims expressed their intention not to be punished by the defendant to this court on December 6, 2018, which is after the prosecution of this case. Accordingly, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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