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(영문) 서울북부지방법원 2016.08.09 2016고단386
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. From July 2014, the Defendant was running a health business (mental hospital) with 40 full-time workers under the trade name “D hospital” in Gangnam-gu Seoul Metropolitan Government (Seoul) from around July 2014.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

The Defendant did not pay KRW 2,318,530 and retirement allowance 2,668,775 of E’s wages and retirement allowance 2,318,530 from February 3, 2014 to August 25, 2015 at the workplace, and did not pay KRW 141,698,115 in total, within 14 days from the date of each retirement, for 34 employees, as described in the separate list of crimes in the separate list of crimes, including 72,957,534 and total sum of KRW 68,741,581,115.

2. All 34 workers indicated in the list of offenses against which punishment is not to be imposed have expressed their intention not to punish the Defendant during the trial.

3. The instant indictment is dismissed in accordance with Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and Article 327 subparag. 6 of the Criminal Litigation Act.

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