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(영문) 의정부지방법원 고양지원 2014.03.13 2013고정1927
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs landscaping facility construction business using two full-time workers under the trade name of “C Co., Ltd.” at a place of business located in the third floor of the building located in Yongsan-gu, Yongsan-gu.

From March 23, 2009 to July 31, 2012, the Defendant did not pay the total amount of KRW 6,400,000 retirement pay and retirement allowance of KRW 897,720 to retired workers D, without agreement between the parties on the extension of the payment date, within 14 days from the date of the above retirement.

2. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act. Under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, each of the charges is an offense of non-compliance with intent under the proviso of Article 109(2) of the Labor Standards Act. On March 13, 2014, after the instant prosecution was instituted, the victim expressed his/her intent not to have the Defendant punished in this court. Thus, each

It is so decided as per Disposition for the above reasons.

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