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(영문) 대전지방법원 천안지원 2014.09.19 2014고단62
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is the representative director of the I Co., Ltd., located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, and 160 full-time workers who have engaged in siren manufacturing business.

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.

Nevertheless, from May 1, 2002 to February 28, 2013, the Defendant did not pay the total of KRW 27,931,640 as well as KRW 76,779,420, in total, five workers’ wages and retirement allowances, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

Judgment

The same year as August 13, 2014, after the prosecution of this case by workers J, K, L, M, and N

9.5. The submission of the “written withdrawal of a complaint” that prevents the Defendant from punishing the Defendant at this court is determined as above in accordance with Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and Article 327 subparag. 6 of the Criminal Procedure Act.

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