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(영문) 서울남부지방법원 2014.02.13 2013고정3504
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the Geumcheon-gu Seoul Metropolitan Government Co., Ltd., who ordinarily employs seven workers and operates the educational service business.

The Defendant did not pay KRW 9 million in total and KRW 12,242,050,00 within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment between the parties concerned, as well as KRW 12,242,050,00 of D’s wages, in May 2012 and June 30, 2012, which had worked from October 1, 2009 to June 30, 2012.

2. Of the facts charged in the instant case, the fact that wages are not paid after retirement constitutes an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and an offense falling under Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and an offense of non-prosecution under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

The records show that the victim has withdrawn his/her wish to punish the defendant after filing the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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