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(영문) 서울동부지방법원 2013.06.03 2013고단972
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of Seongdong-gu Seoul Metropolitan Government Co., Ltd. (204) and is engaged in software development business with five full-time workers. The Defendant was employed from August 16, 201 to December 31, 2012 at the said workplace and was retired from D’s wages of KRW 7,340,000,000 and retirement allowances of KRW 1,350,804 and from September 6, 201 to January 25, 2013 at the same workplace and did not pay KRW 8,10,000,000 and retirement allowances of KRW 1,431,208 within 14 days from the date of retirement without any agreement on extension of payment between the parties.

2. We examine the judgment. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be 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. According to the records, it can be acknowledged that the victim E and D have withdrawn the victim's intent to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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