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(영문) 서울중앙지방법원 2016.03.24 2015고단8112
근로자퇴직급여보장법위반등
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Defendants in the facts charged are co-representatives of “A” in Gangnam-gu Seoul Metropolitan Government, who ordinarily employ 25 workers and engage in the development, distribution, and sale of game software.

A. The Defendants did not pay the Defendants the total amount of wages of KRW 1,83,266 on September 2, 2014, including the total amount of wages of KRW 1,833,936 of F retired from the said workplace from November 2, 201 to October 31, 2014; KRW 3,667,202 on October 2, 2014; and KRW 9,048,910 on retirement allowances during the said working period without agreement between the parties on the extension of the payment date; and did not pay KRW 48,206,029 on the total amount of wages of KRW 13 workers and KRW 70,493,00 on the total amount of wages and retirement allowances of KRW 80,493,100 on the total amount of wages and retirement allowances of KRW 1,833,93,910 on retirement allowances from the date of each agreement between the parties concerned within 1189,196.

B. Defendant B’s sole crime committed by Defendant B did not pay KRW 10,349,99, and KRW 14,065,070 from the date of retirement to June 30, 2015 without agreement between the parties on the extension of the payment period, including the total amount of KRW 37,683,33,333, and the total amount of KRW 3,833,333, and the total amount of KRW 10,349,99, and KRW 14,065,070 from the date of retirement within 14 days from the date of retirement without agreement between the parties on the extension of the payment period, as stated in the daily list of crimes in attached Form 2, including the total amount of KRW 87,105,00,00 and KRW 667,333,478,481,4788,480, and KRW 478,380,000.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, or the main sentence of Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and Article 109(2) of the Labor Standards Act, or workers’ retirement benefits.

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