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(영문) 인천지방법원 2016.09.08 2016고정2327
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the employer who ordinarily employs eight workers as the representative of Yeonsu-gu Incheon Metropolitan City Co., Ltd., Ltd., B D 609, and runs wholesale and retail business.

Defendant did not pay KRW 1,178,962 and retirement pay KRW 1,309,953 of the D’s wages in January 2, 2016, which had worked in the said workplace from March 12, 2015 to March 29, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination

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

B. On July 14, 2016, after the institution of the instant indictment, submission of a written withdrawal of a petition to the effect that workers D does not want punishment against the Defendant.

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

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