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(영문) 인천지방법원 부천지원 2014.07.03 2014고정735
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the C company, 622 of the C company in Kimpo-si, is an employer who engages in mechanical manufacturing business by employing three regular workers;

1. The workplace shall work from June 1, 2009 to January 31, 2014

Withdrawn’s wage of KRW 1,386,640 for October 2013, and KRW 8,286,640 for each month’s wage from November 2013 to January 2014, and the total amount of KRW 15,786,640 for two workers, such as the details of the money and valuables in arrears in attached Form, are not paid within 14 days from the date of occurrence of the cause for the payment without agreement between the parties on extension of the due date;

2. A total of KRW 12,554,290 of retirement allowances for two employees, including KRW 9,388,350 of D’s retirement allowances in arrears, was not paid within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on extension of the due date.

2. The board of directors is a crime falling under Article 109(1) of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act and cannot institute a public prosecution against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it is recognized that the victims expressed their intent not to be punished against the defendant after filing the public prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act and it

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