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(영문) 의정부지방법원 2018.05.30 2018고단1722
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the Defendant, as the representative of the Gyeonggi-si (ju), who runs a furniture manufacturing business with 10 full-time workers.

A. On May 13, 2013, the Defendant violated the Labor Standards Act, while working for the said company on May 13, 2013, the Defendant did not pay KRW 40,535,262 to the six employees, as indicated in the details of money and valuables in arrears by each individual (excluding the part on retirement payment) in attached Form, as well as KRW 1,260,352 of the D’s wages, in December 3, 2016 retired from August 3, 2017, within 14 days from the date on which each payment cause occurred, without any agreement between the parties on the extension of the payment date.

B. The Defendant in violation of the Workers’ Retirement Benefit Security Act, as seen above, did not pay KRW 35,059,857 in total to seven retired workers as well as KRW 2,890,043 in the amount of retirement pay for the said D, as indicated in the details of personal arrears with respect to the payment in arrears (the retirement payment portion) by each individual, within 14 days from the date of occurrence of each payment cause, without any agreement between the parties on the extension of the payment deadline

2. Determination

(a) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) Workers shall express their intention not to punish after prosecution.

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

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