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(영문) 광주지방법원 2014.05.14 2014고정59
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant is a person operating the (main)C on the fourth floor of the Gangnam-gu Seoul Building, and the employer should pay all money and valuables, such as wages, within 14 days from the date of retirement unless the parties concerned have agreed to extend the due date for retirement.

The Defendant had worked from November 17, 2008 to December 31, 2012 at the foregoing workplace, and had retired from the said workplace, and had not paid the wages of KRW 21,50,000,000 from November 17, 2008 to August 2010, and wages of KRW 2,50,000, Do aggregate24,000,000, and retirement allowances of KRW 10,097,520 within 14 days without agreement between the parties on the extension of the payment date.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Indication of the victim D's non-existence of punishment after the prosecution of this case

(c) Subparagraph 6 of Article 327 of the Criminal Procedure Act: Dismissal of prosecution;

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