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(영문) 서울북부지방법원 2018.02.05 2017고정1978

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the representative director of the D Co., Ltd. in Gangnam-gu Seoul Metropolitan Government, who employs seven full-time workers and operates real estate business.

From July 1, 2014 to April 17, 2017, the Defendant did not pay KRW 1,60,000 on March 1, 2016 to E workers who retired from the said workplace, as wages of KRW 1,60,00 on April 1, 2016, KRW 1,60,000 on May 1, 2016, KRW 50,000 on June 6, 2016, KRW 50,000 on wages of KRW 50,000 on July 6, 2016, KRW 50,000 on August 6, 200, KRW 50,000 on wages of KRW 50,00 on September 50, 2016, KRW 00 on retirement allowances of KRW 10,60 on May 10, 2016, KRW 00 on retirement allowances of KRW 105,010.

Judgment

Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act; Article 44 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 327 subparag. 6 of the Criminal Procedure Act is dismissed to institute a public prosecution on January 16, 2018 that a letter of withdrawal of a petition filed in the name of the victimized employee was submitted after the instant indictment.