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(영문) 서울북부지방법원 2015.09.23 2015고단2250
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative director of (ju) C in the second floor of Dongdaemun-gu Seoul, Dongdaemun-gu, who employs five regular workers and operates research and development and manufacturing business.

Defendant in violation of the Labor Standards Act is working for the company on February 15, 2011.

The parties did not pay KRW 2,50,000 on September 31, 2012, which was retired from D on January 31, 2014, within 14 days from the date of occurrence of each cause for the payment without any agreement on the extension of the due date for payment between the parties, as well as the payment of KRW 142,10,000 in total of two workers’ wages, as shown in the details of the attached money and valuables in arrears (excluding the portion of retirement allowances).

B. On February 15, 2011, the Defendant violated the Guarantee of Workers' Retirement Benefits Act is serving as a member of the above company.

On January 31, 2014, the retirement allowance of KRW 14,513,100 against D as of January 31, 2014, 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, and the amount in arrears with attached Form (the retirement allowance part) was not paid within 14 days from the date of occurrence of each cause for payment, as well as the amount in arrears with attached Form (the retirement allowance part).

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. The victims were not subject to punishment after the prosecution of the case

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

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