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(영문) 수원지방법원 안산지원 2013.09.11 2013고단1797
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd. in Mapo-gu Seoul, Mapo-gu and 203, who runs security service business with ten full-time workers.

The Defendant did not pay D’s annual allowance of KRW 549,60, and retirement allowance of KRW 946,464 and annual allowance of KRW 549,60 and retirement allowance of KRW 948,174 who worked for the same period from January 1, 2012 to December 31, 2012 at the said company’s place of business within 14 days from each date of retirement, without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the statement on withdrawal of the petition submitted to this court, it is recognized that D or E, a worker, has withdrawn his/her wish to punish the defendant on June 2013, 2013 after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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