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(영문) 서울동부지방법원 2017.01.11 2016고정1754
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Bank of Korea in Gwangju City, who is a full-time worker in the Bank of Korea, and is an employer who is engaged in the Bank of Korea manufacturing business with fifteen full-time workers

1. The Defendant violated the Labor Standards Act was working from December 27, 2008 to March 31, 2016 at the above workplace and did not pay KRW 3,00,000,000 of the retired workers D, March 2015, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 68,973,890 in total for four employees as stated in the attached Form, including KRW 19,545,280 of retirement allowances of retired workers D, when he/she worked in the above workplace from October 27, 2008 to March 31, 2016, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

2. Judgment;

(a) 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;

B. After the prosecution of this case, a written agreement stating the worker's expression of intention not to punish the defendant is submitted.

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

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