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(영문) 서울동부지방법원 2014.05.01 2014고정191
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is the actual manager of the Songpa-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. and operates a manufacturing business with four full-time workers. ① From May 1, 2012 to July 15, 2013, the Defendant worked in the above workplace and retired from the workplace as wages of 2,00,000,000 won on June 1, 2013, and the wages of 1,00,000,000 won on July 10, 2013, from July 10, 2012 to July 11, 2013, the Defendant did not pay the retirement allowances of 2,30,000,000 won on June 2, 2013, 200, 6,1216,129, and 2,14,000,000 won on retirement allowances within 16,216,714,296.

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. ② The above facts charged are 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 explicit intent pursuant to the proviso to Article 44 of the same Act. According to the written withdrawal of each complaint received on April 30, 2014, it is recognized that D and E, the victims of the instant case, withdrawn their intent to punish the defendant after the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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