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(영문) 의정부지방법원 2013.11.26 2013고단2175
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of C(D)D in Nam-si, Namyang-si, who runs a furniture manufacturing business with seven regular workers, and in the above company:

1. Workers E who were employed from January 23, 2006 to October 201 in violation of the Labor Standards Act and were employed in office from May 4, 2006 to October 201 in office and retired from office from May 4, 2006 to October 3, 2011 and paid the total of KRW 3,600,000 for May 3, 2012, G from February 2012 to July 3, 2012; and paid KRW 1,40,000 for June 1, 2012; KRW 250,000 for July 2, 200; KRW 30,000 for retirement workers; KRW 30,00 for retirement workers from February 30, 2012 to April 30, 2012; and paid KRW 30,37,000 for retirement workers within 30,37,204,201.

2. From August 4, 2002 to November 30, 201, in violation of the Guarantee of Workers' Retirement Benefits Act, the retirement allowances of the first retirement allowance of the first retirement allowance of the first retirement worker, as described in the preceding paragraph, and the said E was in service and did not pay the total of KRW 16,820,730, F’s retirement allowances of KRW 14,707,770, and F’s retirement allowances of KRW 62,785,890 within 14 days from the date of the occurrence of the cause for payment, without any agreement on extension of payment between the parties concerned.

2. The above facts charged are cases in which a prosecution cannot be instituted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the trial records, it is recognized that all of the above workers after the prosecution of this case declared that they would not be punished against the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act and it is so decided as per Disposition

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