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(영문) 서울남부지방법원 2013.08.27 2013고정2130

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Co., Ltd. C in Geumcheon-gu Seoul Metropolitan Government, who ordinarily employs 60 or more workers and conducts electronic commerce transactions.

The defendant did not pay 38,215,598 won in total, including three workers' wages and retirement allowances, within 14 days from the date of his/her retirement, as shown in the attached list of crimes.

2. The determination is based on the case where a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted 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 statement on the withdrawal of each written withdrawal of the victims’ written withdrawal, the above victims can be acknowledged as having withdrawn their wish to punish the Defendant on August 13, 2013, which is the date of the instant indictment.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.