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(영문) 광주지방법원 순천지원 2016.11.25 2016고단2089
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who has been engaged in the manufacturing industry by ordinarily employing four workers under the trade name of Da in the Hadong-gun B from Gyeongnam-dong.

The defendant shall work in the above workplace from August 1, 2010 to June 30, 2016.

A retired D's total of KRW 2,503,631 won for June 2016 and KRW 14,74,751 won for retirement benefits, and KRW 7,754,751 won for retirement benefits, from November 1, 2010 to June 30, 2016; D's total of KRW 2,120,317 won for total of KRW 6,360,91 and KRW 11,819,065,000 for total of KRW 40,000 for retirement benefits and KRW 14,75,000 for total of KRW 5,00 for 20,50,000 for total of KRW 2,50,000 for retirement benefits; KRW 360,510,000 for 20,000 for 20,50,000 for 205,616,64,7,2016.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 8 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On November 22, 2016, a written withdrawal of a complaint filed by the victimized workers on the ground that the indictment was filed.

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

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