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(영문) 서울남부지방법원 2014.02.19 2014고단69

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Yeongdeungpo-gu Seoul Metropolitan Government Building 209, who operates an advertising production agency business.

The Defendant is in charge of planning new projects from September 1, 201 to June 4, 2013 at the same place of business.

D's wages of 1,697,770 won in April 2013, 2012, 2,302,230 won in May 2013, and 393,737 won in June 2013, and retirement allowances of 4,362,393 won in June 2013, did not pay 8,746,130 won in total within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. This part of the facts charged cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the employee D expressed his/her intent not to punish the Defendant around February 11, 2014, which was after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.