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(영문) 서울서부지방법원 2017.01.20 2016고단3878
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative director in Mapo-gu Seoul Metropolitan Government.

Defendant Company did not pay KRW 6,932,40, and retirement pay KRW 4,045,194 of the total amount of wages from March 1, 2016 to May 31, 2016, as well as KRW 6,932,40, and retirement pay from March 1, 2016 to May 2016, within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

2. Determination and conclusion

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. Submission of a written application for withdrawal and punishment of the victim after instituting the instant prosecution

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

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