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(영문) 서울서부지방법원 2014.11.12 2014고정1845
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 C in Seodaemun-gu Seoul Metropolitan Government, and works from November 1, 201 to July 10, 2013 at the above workplace.

Without an agreement on the extension of the payment date between the parties, the amount of 4,295,430 won, including the amount of 300,000 won for wages of 300,000 won for retired workers D, shall not be paid within 14 days from the date of retirement, and the amount of 3,837,640 won for retirement benefits of D was not paid within 14 days from the date of retirement.

2. The crime of violating the Labor Standards Act due to unpaid wages among the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and under Article 109(2) of the same Act, the crime of violating the Act on Guarantee of Workers' Retirement Benefits due to unpaid retirement allowances is an offense falling under Articles 44 subparag. 1 and 9 of the Act on Guarantee of Workers' Retirement Benefits and cannot be punished against the victim’s express intent under the proviso to Article 44 of the same Act. According to the records, D is acknowledged to have expressed his/her intention not to be punished against the Defendant on Oct. 22, 2014 after the instant indictment. Accordingly, the prosecution is dismissed under Article 327 subparag

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