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(영문) 서울중앙지방법원 2015.04.06 2014고단10214
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of D Co., Ltd. in the second floor of Seocho-gu Seoul Metropolitan Government, who runs the above company.

The Defendant in violation of the Labor Standards Act did not pay 61,769,581 won in total to 11 employees, as stated in the attached Table of Crimes (the wage part) as well as 1,216,129 won to retired workers E, while working in the above company from June 1, 201 to May 13, 2014, within 14 days from the date on which the cause for payment occurred without an agreement on extension of the due date between the parties concerned.

B. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay 119,683,263 won, including the above E’s retirement allowance 2,024,072 won, within 14 days of the occurrence of the reasons for payment without any agreement on extension of the payment due date between the parties concerned, as stated in the list of offenses (the part concerning retirement allowances).

2. Determination:

(a) Each offense of non-compliance with an intention (Article 109(1), Article 36, or Article 109(2) of the Labor Standards Act; Article 44 Subparag. 1, Article 9, or proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. On February 6, 2015, the day after the instant indictment was instituted, each employee expressed his/her intention not to punish him/her.

(c) Grounds for judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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