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(영문) 의정부지방법원 2017.03.29 2016고단5131
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant, as the representative director C (ju) in Dongbcheon-si, is a user who runs a construction business using ten full-time workers.

A. The Defendant did not pay KRW 24,000,000 per month from January 1, 2016 through June 30, 2016 to June 30, 2016 at the new site of Gyeonggi-si D, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

B. The Defendant did not pay KRW 3,966,880 as retirement pay of the above E within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Judgment

1. Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

2. 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.

3. On September 22, 2016, after the prosecution of this case, the injured party expressed his/her intention that he/she does not want to be punished against the accused.

4. Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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