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(영문) 의정부지방법원 고양지원 2014.12.05 2014고단1307
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the C Council member representative in Goyang-gu Busan Metropolitan City B, who ordinarily employs 20 workers and operates a medical service business.

From April 29, 2013 to September 30, 2013, the Defendant violated the Labor Standards Act: (a) paid the total of KRW 52,821,986 to 12 employees, as indicated in the attached list of crimes, including KRW 660,00 on September 9, 2013, as well as KRW 52,821,986 on the wages of 12 employees, as stated in the attached list of crimes.

B. From July 14, 2010 to September 3, 2013, the Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 38,098,510 as well as KRW 4,500,00,00, total amount of retirement allowances to nine employees, as shown in the attached crime list, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it is recognized that the victims after the prosecution are not punished against the defendant, all of the indictments are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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