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(영문) 인천지방법원 부천지원 2014.05.01 2013고단3444
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant is a director of the company in charge of the dispute resolution in the Gu, Nowon-gu, Seoul, and employs 10 full-time workers.

1. The Defendant violated the Labor Standards Act, from May 1, 201, worked in the said state-C from around May 1, 201, and on August 1, 2013, paid 49,771,775 won in total, including 6 million won of wages of retired workers D on August 1, 2013, as shown in the annexed crime list, within 14 days from the date of retirement without an agreement on extension of the due date.

2. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act, as described in paragraph (1), did not pay KRW 28,408,450 in total, seven retirement allowances including KRW 4,411,554 of retirement allowances of retired workers D on August 1, 2013, as well as KRW 28,408,450 in total, as shown in the annexed crime list, within 14 days from the date of retirement without any agreement on extension

Article 109 (2) of the Labor Standards Act applies to the crimes under Articles 109 (1) and 36 of the same Act as the crimes under Article 109 (1) of the same Act, and Article 44 (2) of the Act on the Guarantee of Workers' Retirement Benefits shall not be charged against the crimes under subparagraph 1 of Article 44 of the same Act and Article 44 of the same Act.

The victims withdrawn their intent to punish the Defendant on April 29, 2014, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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