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(영문) 서울남부지방법원 2013.08.30 2013고단2455
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the C representative director in the fourth floor of building B in Yeongdeungpo-gu Seoul Metropolitan Government, who runs the publishing business using three full-time workers.

The Defendant had worked from October 7, 2002 to June 30, 2012 at the above workplace and retired D’s retirement 1,476,350 won of the year-end refund in 201, and 1,146,710 won of the year-end year-end refund in 2012, and retirement allowance 14,904,710 won of the retirement allowance in 201, did not pay 17,527,70 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The judgment is based on the case where a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s express intent under 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 According to the written agreement on the preparation of victim D, the victim can be acknowledged as having withdrawn his/her wish to punish the Defendant on June 26, 2013, which is the date of the instant indictment.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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