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(영문) 대구지방법원 2013.12.13 2013고단5472
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative director of C, a stock company located in G, G, B, Chungcheongnam-gun.

From September 9, 2002 to January 31, 2013, the Defendant worked in the said stock company C and did not pay the total of KRW 10,147,560,340 on June 6, 2010 of the retired workers D, and KRW 1,876,610 on July 2012, KRW 1,962,320 on October 2012, KRW 1,682,480 on November 2012, KRW 1,682,480 on December 2012, and KRW 1,682,480 on bonuses, KRW 1,213,30 on bonuses, KRW 20,260 on retirement allowances, and KRW 260,370 on retirement allowances, within 14 days from the date of each retirement without agreement.

B. From May 14, 2008 to February 28, 2013, the Defendant worked in the said stock company C and did not pay the total of KRW 2,173,40 on April 4, 2010 of the retired workers E, as wages of 3,587,490 won, wage of 6.6.6.45,170 won, wage of 2,545,170 won, wage of 3,026,070 won, wage of 2,73,030 won, wage of 2,584,320 won, wage of 2,584,320 won, wage of 2,584,320 won, bonus of 2,520 won, and retirement allowance of 2,561,6416,616, etc. within the agreed date without agreement.

2. Determination is a crime 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, which is a crime of non-compliance with the intent of labor in accordance with Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. It is apparent in the record that the written withdrawal of the complaint stating the purport that workers D and E do not want punishment against the defendant on December 5, 2013 after the institution of the instant indictment is filed. Thus, the instant indictment is dismissed in accordance with Article 327 subparag.

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