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(영문) 인천지방법원 부천지원 2016.08.09 2016고단80
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant: (a) was a person who employs two full-time workers in Kimpo-si and runs a fishery (D); (b) from June 2, 201 to December 31, 2013 at the said place of business, the Defendant did not pay KRW 10,355,000 for retired workers E’s wages, and KRW 3,274,448 for retirement allowances, and KRW 3,278 for retirement allowances, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 (Payment of Wages) of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Act on Guarantee of Workers' Retirement Benefits (Payments of Retirement Benefits);

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act (unpaid wages) and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (unpaid amount of retirement wages).

C. On August 3, 2016, the prosecution had been instituted, each victim was not subject to punishment.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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