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(영문) 서울동부지방법원 2014.11.26 2014고단3198
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative of the Ccafeteria in Songpa-gu Seoul Metropolitan Government, who runs a food business by using 11 rm mm at all times.

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

The defendant shall serve as a manager from June 7, 2013 to September 26, 2013.

In July 2013, 2013, wages of 2.8 million won, wages of 3 million won in August, 2013, and wages of 2.8 million won in September, did not be paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

In addition, the defendant works as a main employee from June 3, 201 to May 29, 2013.

The retirement allowance of retired E was not paid KRW 2,658,690 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The above facts charged are the crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to each statement of the withdrawal of a complaint filed by October 17, 2014 and the written application for non-compliance with punishment filed by October 23, 2014, the victims can recognize the fact that they have withdrawn their wish to punish the Defendant after the instant indictment was filed.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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