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(영문) 서울중앙지방법원 2016.03.23 2016고정264
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the defendant is the representative of the Dispute Resolution Co., Ltd., and is an employer who operates a service business by using two full-time workers, and the defendant did not pay 300,000 won of retirement pay of 11,016,985 won of retirement pay, 241,935 won of retirement pay and 8,84,65 won of retirement pay of D (work from June 1, 2006 to August 3, 2015) within 14 days from each retirement date without an 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, or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records of this case, each victim's withdrawal of complaint was submitted to the court on January 15, 2016, which was after the prosecution of this case was instituted, to the effect that the defendant does not want to be punished for the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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