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(영문) 의정부지방법원 고양지원 2015.02.11 2013고단613
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the third representative director in the case of Pakistan, who operates the manufacturing business of Seodaemun-gu using 11 regular workers. A.

The Defendant did not pay the total amount of KRW 56,762,400 in arrears within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as shown in the list of crimes in attached Table to the six retired workers, including KRW 2,016,00 of D’s wages in February 2012, which worked from November 1, 201 to June 30, 201 at the same place of business.

B. The Defendant is working from October 5, 2010 to June 30, 2012 at the foregoing workplace.

The retirement allowance of retired workers E, including KRW 2,580,910, did not pay the total of KRW 16,427,680 as well as KRW 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned, as shown in the list of offenses against five retired workers.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 12325, Jan. 21, 2014); Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (Amended by Act No. 10967, Jul. 25, 201); Article 109(2) of the former Labor Standards Act; the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (Amended by Act No. 10967, Jul. 25, 2011; Act No. 10967, Jul. 25, 2011; Newly inserted in the New Act that came into force from July 26, 2012; Inasmuch as the aforementioned provision was newly established, the victims’ express intent to prosecute the Defendant under Article 109(2) of the former Act is dismissed.

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