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(영문) 부산지방법원 동부지원 2014.04.24 2014고정435
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of D with five commercial buildings located in Suwon-gu, Busan, and an employer who conducts educational service business using 15 regular workers.

The Defendant worked as an English instructor from July 21, 2008 to August 31, 201, at the same place of business, and did not pay the total of KRW 6,749,402 of retirement allowances of retired workers E and annual leave allowances from 2010 to 2011, KRW 9,371,765, within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties concerned regarding the extension of the due date for payment.

2. Determination

(a) Crimes of non-performance of will (Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act);

B. Expression of intention not to punish workers after the prosecution of this case

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

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