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(영문) 인천지방법원 2016.01.15 2015고정3380
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant violating the Labor Standards Act of the facts charged is the representative of the C Stock Company located in Gyeyang-gu Incheon Metropolitan City, who runs the manufacturing business using ten full-time workers.

Defendant did not pay KRW 2,435,570, E’s wages of KRW 2,435,570, E’s wages of KRW 2,165,140, and F’s wages of KRW 2,384,880, which were worked from April 15, 2010 to November 30, 2014; from December 1, 2014 to February 24, 2015 at the same place of business, within 14 days from the date of retirement without agreement on extension of the payment period.

The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 10,101,100 in the aggregate of KRW 3,883,820 in D’s retirement pay, KRW 1,995,980 in E’s retirement pay, and KRW 4,221,300 in F’s retirement pay, within 14 days from the date of retirement without agreement on the extension of the payment deadline.

Judgment

On December 31, 2015, after the prosecution of this case, the victims of Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, expressed the Defendant’s intention to be punished.

Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparagraph 6 of the Criminal Procedure Act or more.

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