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(영문) 서울중앙지방법원 2014.02.20 2013고단8536

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of the Co., Ltd. in Seocho-gu Seoul Metropolitan Government building C, who employs ten full-time workers and operates real estate development and sales agency business.

1. The Defendant violating the Labor Standards Act is working in the above workplace from April 1, 2009 to June 30, 2013.

The retirement D's total wages of 6,745,240 won in April or June 2013 and the total wages of 77,595,720 won in the attached Table 1 were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, as shown in the attached Table 1 List of Crimes.

2. Defendants violating the Guarantee of Workers' Retirement Benefits Act shall work in the above workplace.

The retirement allowance of the above D was not paid KRW 8,218,180 as well as the total amount of KRW 77,454,768 of the retirement allowance of nine retired workers as shown in the list of crimes in the attached Table 2, but did not pay it within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned.

2. The judgment is 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, which 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 According to the records, it can be acknowledged that the above worker has withdrawn his/her expression of intent to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution against the above part is dismissed under Article 327 subparag. 6 of the