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(영문) 인천지방법원 2013.05.30 2013고단693
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of D Co., Ltd. with the fourth floor of Bupyeong-gu Incheon Metropolitan City, who is engaged in mobile phone wholesale and retail business by employing 50 full-time workers.

1. From May 29, 2012 to August 21, 2012, the Defendant in arrears with wages did not pay 80,724,461 won in total to 25 employees, as shown in attached Table 1, as well as 900,000 won of wages E of retired workers, when working at the above company operated by the Defendant, from May 29, 2012 to August 21, 2012.

2. The Defendant in arrears with a retirement allowance did not pay 56,347,365 won, including 3,348,868 won of retirement allowance of retired workers F, who worked in the company’s operation from January 20, 201 to September 5, 2012, within 14 days from the date of the occurrence of the cause for the payment, without an agreement between the parties on the extension of the payment period between the parties concerned, as shown in attached Form 2.

2. The facts charged are crimes stipulated in Articles 109(1) and 36 of the Labor Standards Act and crimes stipulated in Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. However, the fact that employees G is unpaid retirement benefits falls under Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 2011) and the above Act does not stipulate the above crimes as crimes of non-rape. However, the above crimes were amended by the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 2011).

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