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(영문) 서울동부지방법원 2013.12.16 2013고단2891
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative director in the building in the building in the building in the Gurisisi, who ordinarily employs 130 workers and engages in food sales business, and the defendant did not pay 573,015 won in the amount of wages and retirement allowances and 5,330,956 won in the amount of retirement allowances and 5,000 won in the amount of retirement allowances and 573,015 won in October 28, 2012 in Seongdong-gu Seoul Metropolitan Government E Co., Ltd., Ltd., located in Seongdong-gu, and retired from office, within 14 days from the date on which the cause for the payment occurred without agreement

2. The above facts charged are cases in which a public prosecution cannot be instituted 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. According to the records, the victim F submitted a written withdrawal of the complaint to the defendant on November 14, 2013, which was after the institution of a public prosecution, and this is deemed to have withdrawn the intent to punish the defendant. Thus, the public prosecution is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

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