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(영문) 서울동부지방법원 2015.07.24 2015고단219
부정수표단속법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Violation of the Control of Illegal Check Control Act; and

A. From May 28, 2010, the Defendant entered into a check contract with a private bank branch in the name of the Korean Bank Company B from around May 28, 2010 and entered into a check contract with the third floor of Seongdong-gu Seoul Metropolitan Government Office B on July 20, 2014, the Defendant issued a check number “D”, “amount of KRW 50,000,000,” “date of issuance”, and presented a payment proposal to the bank on November 20, 2014, which is within the period of presentation for payment. However, the Defendant issued a check number on November 20, 2014, which is the date of presentation for non-transaction.

B. This part of the facts charged is not prosecuted in a case where a person who issues or prepares a check pursuant to Article 2(4) of the Illegal Check Control Act is an offense falling under Article 2(2) and (1) of the Illegal Check Control Act and collects the check.

According to the records, since the defendant can be found to have recovered the above check after instituting the prosecution of this case, the prosecution against this part is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

2. Violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

A. The summary of the facts charged is that the Defendant, as the representative director B, employs 7 full-time workers and operates a manufacturing business of both horses and clothes.

The Defendant shall work at the relevant workplace from October 3, 201 to October 25, 2014.

The retirement worker E did not pay the total of 11,084,908 won, including the total of 11,084,908 won of wages and retirement allowances, and the total of 96,50 won of wages and retirement allowances of 10 workers, within 14 days from the date when the cause for payment occurred without an agreement between the parties on the extension of the due date.

B. Article 109(2) of the Labor Standards Act provides that an employer may not prosecute a worker against his/her explicit intent if the employer fails to pay any money or valuables, such as wages, within 14 days after his/her retirement.

The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act is an employer.

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