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(영문) 의정부지방법원 2015.09.18 2015고단1021
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. The Defendant’s status is a person who operates D in Scheon City Co., Ltd., and is an employer engaged in the manufacturing of electrical and electronic parts by ordinarily employing 23 workers.

B. The Defendant, in violation of the obligation to liquidate money and valuables, did not pay KRW 14,004,850 in total, including the wages and annual paid leave allowance of workers E, who worked in the foregoing D from July 7, 2014 to October 31, 2014, within 14 days from the date on which the cause for payment occurred, without agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 104,637,905, including wages and retirement allowances for six workers, within 14 days from the date of retirement when the cause for payment occurred, without agreement between the parties to the case of extension of the due date.

(c) Wages unpaid on a regular date shall be paid at least once a month on a fixed date.

The Defendant did not pay KRW 5,024,520,00 in total, including KRW 874,840 in July 2014, and KRW 2,074,840 in August 2014, and KRW 2,074,840 in September 2014, as the regular wage payment date, to KRW 5,024,520 in September 2014.

2. On the other hand, the case is a crime falling under Articles 109(1), 36, and 43(2) of the Labor Standards Act; Article 109(2) of the Labor Standards Act; Article 44 subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 44 proviso of the Guarantee of Workers' Retirement Benefits Act; and Article 44 proviso of the Guarantee of Workers' Retirement Benefits Act. The records show that workers E, G, H, I, J, and F have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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