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(영문) 서울중앙지방법원 2014.01.28 2013고단2848
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is as follows.

The defendant is the representative of Seocho-gu Seoul Metropolitan Government C, who employs five full-time workers and operates the above company, and is a user who conducts publishing, video, broadcasting and communications business, etc.

The Defendant worked for the said company from May 12, 201 to January 1, 2013, and retired from the said company, and paid the amount equivalent to KRW 19,859,250 in total of wages and retirement allowances, including KRW 179,870 in July 1, 2012, and KRW 14,278,530 in total of wages and retirement allowances from June 1, 201 to January 1, 2013 in relation to E, and did not pay the amount equivalent to KRW 14,278,530 in total of wages and retirement allowances from June 1, 2012 to January 1, 2013 in relation to E.

2. The case is one of the crimes under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which are not prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, according to the letter of withdrawal of a complaint received by this court on January 24, 2014, D and E can be acknowledged on January 24, 2014, after the indictment of this case was instituted, that they have withdrawn their wish to punish the Defendant.

3. Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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