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(영문) 서울동부지방법원 2013.08.09 2012고정2896
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of the instant case is the actual representative of the Co., Ltd. E who ordinarily employs five workers in Seongdong-gu Seoul, Seongdong-gu, Seoul, and engages in construction business by employing ten full-time workers, and employs eight full-time workers and engages in construction and lease business.

The defendant shall work at the workplace of the State above C from June 21, 2010 to July 30, 2012.

Withdrawn F’s total amount of KRW 14,416,00,00, including wages and retirement allowances for two workers, as shown in the attached list of crimes, was not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date, as well as 2,33,340 won in April 2012.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the employee F and G submitted to this court a written withdrawal of complaint, stating the Defendant’s intention not to prosecute the Defendant on July 15, 2013, after the instant indictment was filed. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the

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