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(영문) 청주지방법원 2016.01.28 2015고단1985
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of C in Seocho-gu Seoul Special Metropolitan City, is an employer who employs six full-time workers and engages in specialized construction business.

A. The Defendant worked between October 1, 2010 and March 18, 2015 and retired workers D’s unpaid leave allowances of 2014; KRW 6,230,130; and KRW 1,80,000; and KRW 1,80,000 in the annual paid leave allowances of 2012 retired E; and from January 25, 201 to March 23, 2015, the Defendant did not pay KRW 180,000 in the annual paid leave allowances of 2014, total 9,830,130, and KRW 130 in the annual paid leave allowances of 2014, without agreement on the extension of the payment date.

B. The Defendant did not pay KRW 18,769,870 of the above D’s retirement pay of KRW 5,049,870 of the E’s retirement pay of KRW 27,91,80 of the F’s retirement pay of KRW 4,172,060 of the F’s retirement pay of KRW 14 days from the date of retirement without agreement on the extension of payment deadline.

2. Determination

(a) 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;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Expression of intention not to punish: Each written agreement submitted on November 28, 2015, which was after the institution of public prosecution of this case.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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