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(영문) 서울남부지방법원 2016.04.01 2015고정2615
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Geumcheon-gu Seoul Metropolitan Government Building No. 1903 (g) and the employer who engages in a foreign language qualifying examination management business.

When a worker retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay wages of KRW 45,777,450 and retirement allowances of KRW 19,923,243 to D who were employed by the said corporation from March 13, 2008 to around November 1, 2014, within 14 days from the date of retirement without any agreement on the extension of the payment deadline.

2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The instant victim submitted a written agreement and withdrawal of complaint to the effect that he does not want punishment of the Defendant to this court after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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