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(영문) 수원지방법원 2019.05.08 2018고단6302
업무상배임
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. The facts charged [the defendant's business, etc.] from October 6, 2015 to December 22, 2016, Defendant A served as the representative director of the victim D Co., Ltd. (hereinafter "the instant company"), which is the passenger transport company located in Pyeongtaek-si C, and took general charge of the overall business of the company's operation. Defendant B served as the managing director at the same company from October 6, 2015 to October 2, 2018.

[Completion of Trial] On August 20, 2012, the 29 driver who belongs to the instant company filed a lawsuit against the instant company in Suwon District Court (Seoul District Court) to the effect that “The instant company shall pay a retirement allowance calculated by multiplying the average wage by the number of continuous service years after calculating the average wage based on the total amount of the allowance calculated based on the total amount of the allowance calculated based on the aforementioned calculation.” On June 18, 2014, the instant court decided to the effect that “The instant company shall calculate an hourly ordinary wage by including continuous service allowances, work allowances, work pay, work pay, and bonus to drivers, and the amount of retirement allowance calculated by multiplying the average wage by the number of continuous service years,” and that “the instant company shall pay the retirement allowance by the number of continuous service years after calculating the average wage based on the total amount of the allowance calculated based on the aforementioned calculation.”

Accordingly, the instant company lodged an appeal to the Seoul High Court on July 11, 2014, and on October 30, 2015, the said court rendered a ruling to the effect that “neither overtime allowance, work-on-board allowance, work-level allowance, and bonus are included in ordinary wages, nor need to calculate hourly ordinary wages, nor need to pay retirement allowances based on the allowance calculated based on such inclusion.” Of the aforementioned drivers, the said 20 persons among them are currently pending trial by filing an appeal to the Supreme Court on November 14, 2015.

【Criminal Facts】

The articles of incorporation of the company of this case concerns the acquisition and disposal of major assets.

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