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(영문) 인천지방법원 2016.12.22 2016고정3278
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a manager of C’s office located in Nam-gu Incheon Metropolitan City, who runs a task using five regular workers. A.

The Defendant did not pay KRW 5,707,008, in total, the annual paid leave allowance of 2014, including KRW 1,116,960, which was worked in the said workplace from January 17, 2009 to January 31, 2016, within 14 days from each retirement date, without any agreement between the parties on the extension of the due date for payment, as shown in the attached Table, as well as KRW 1,16,960, the annual paid leave allowance of 2014.

B. The Defendant did not pay KRW 24,768,221 as well as KRW 20,777,126 of the retirement allowances of the aforementioned D within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date, as stated in the attached Table, as well as KRW 20,77,126.

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. On December 12, 2016, after the prosecution of the instant case, submission of a written application for a punishment that workers D or E does not want punishment against the Defendant.

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

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