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(영문) 인천지방법원 부천지원 2016.11.24 2016고단2607
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 Co., Ltd. located in Kimpo-si, and is an employer who runs the iron plate processing business using the full-time workers. The Defendant did not pay KRW 19,31,90, and retirement allowance of KRW 12,820,210, which was retired from the said workplace around March 14, 2016, within 14 days from the date of the above retirement, and did not pay KRW 16,532,513, total wages of 16 workers retired from the said workplace from August 2015 to March 2016, as shown in the list of crimes in the attached Table, and did not pay KRW 45,31,480, total retirement allowance of KRW 16 workers retired from the said workplace within 14 days from the date of each retirement without agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of each Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. After filing a prosecution, the victims were submitted with each application for no punishment on May of the same year.

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

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