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(영문) 서울동부지방법원 2014.11.07 2014고단1023
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of Gangdong-gu Seoul Metropolitan Government 3rd floor of the building C, is an employer who runs clothing wholesale and retail business using 37 regular workers.

"2014 Highest 1083"

1. The Defendant had worked from December 3, 2012 to September 17, 2013 at the above workplace, and had retired workers E’s total amount of KRW 13,222,435, including KRW 4,050,00 in June 2013, did not pay the amount within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without any agreement on extension of the date of payment, between the parties concerned, and did not pay KRW 34,421,872 in total, including the amount of four employees’ wages and other money and valuables, as shown in the list of crimes in the attached Form, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment,

2. The Defendant did not pay KRW 16,890,065 as well as KRW 5,710,077 as retirement allowances of victimized workers F, and the total amount of KRW 16,890,065 as retirement allowances of three victimized workers within 14 days from the date of each retirement without agreement between the parties on extension of the due date.

"2014 Highest 1446" Defendant did not pay the total of 23,644,680 won of G wages and retirement allowances of workers employed from April 8, 2013 to January 13, 2014 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

From March 2014 to March 2014, the Defendant did not pay KRW 95,216,175,00,000 from the date of retirement within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the list of offenses.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits

However, there is a problem.

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