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(영문) 서울동부지방법원 2018.07.12 2018고단1
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the inside director of the Co., Ltd. C (the head office: D: purpose in Namyang-si, or mobile merchandise coupon issuance and distribution business, etc.) is a real manager, who is in charge of business operation of the above company.

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

Nevertheless, the Defendant did not pay KRW 164,934,515 in total, including KRW 4,146,320, May 5, 2014, to March 31, 2017, as well as KRW 148,194,790 in total, and KRW 16,739,725 in total, from May 26, 2013 to March 31, 2017, within 14 days after his/her retirement without agreement on the extension of the payment period between the parties.

2. Determination

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

B. Submission of an agreement on July 12, 2018, stating that the victims do not want punishment against the defendant after the indictment of the instant case

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

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