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(영문) 서울동부지방법원 2016.10.07 2016고단2082
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a door-to-door distribution business using 15 full-time workers under the trade name of Gangdong-gu Seoul Metropolitan Government Section C.

The Defendant in violation of the Labor Standards Act is working from November 18, 2004 to July 31, 2015.

Workers D, who retired, work in the same workplace as shown in the attached list of crimes, such as wage 2,246,720 on June 2015.

A retired worker did not pay the total of 35,059,920 won within 14 days from the time when the ground for the payment occurred without an agreement between the parties on the extension of the due date.

B. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is working from November 18, 2004 to July 31, 2015.

A retired employee's retirement allowance of KRW 24,090,410, etc. shall work in the above workplace as shown in the list of crimes in attached Form 24,090.

The retirement allowances of 7 retired workers were not paid KRW 93,066,940 in total within 14 days from the time when the grounds for such payment occurred without agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable provisions to charges: Article 109(1) and Article 36 of the Labor Standards Act, main sentence of Article 44(1) and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On August 16, 2016, after the prosecution of the instant case, the victimized workers expressed their intent not to punish the Defendant.

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

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