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(영문) 서울남부지방법원 2018.09.03 2018고단2824
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant who is the representative of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and C & 707, who operates an advertising agency business by using six workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 18 million and KRW 2 million of retirement pay from February 1, 2017 to October 31, 2017 at the same place of business within 14 days from the date on which the cause for the payment thereof occurred, without any agreement between the parties to the extension of the payment date.

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against an employee’s explicit intent.

According to the records, since workers D expressed his/her intention not to have the defendant punished by preparing a written withdrawal of complaint in this court after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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