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(영문) 인천지방법원 2018.04.10 2017노2470
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of H in Nam-gu Incheon Metropolitan City, who employs 40 full-time workers and engages in construction business.

The Defendant, from December 25, 2012 to April 1, 2014, did not pay KRW 1,178,730,00 from the date of retirement to 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

In addition, the Defendant’s details of the arrears (H), except for the part on C, D, E, and F, the remainder of 87,940,615 won in the column of “other” clause 77,977,56, and the remainder of 4,519,655 won in the column of “retirement gold” clause 3,75,576 won, and the remainder of 92,460,270 won in the aggregate amount of 81,73,142 won, respectively.

As described above, the amount equivalent to 81,733,142 won in total shall not be paid within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates, including the annual unused allowances and retirement allowances for 47 workers.

2. According to the record of the decision to dismiss the public prosecution following the death of the Defendant, the fact that the Defendant died on March 12, 2018, which was after the filing of the instant appeal, is recognized. As such, the instant public prosecution is dismissed in accordance with Articles 363(1) and 328(1)2 of the Criminal Procedure Act. It is so decided as per Disposition.

April 10, 2018

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