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(영문) 서울동부지방법원 2015.03.24 2014고정1256
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of Seongdong-gu Seoul Metropolitan Government Building 302, who ordinarily employs three workers and operates a remote area manufacturing business. A.

The Defendant did not pay the total of KRW 21,55,00 from May 2007 to March 2014 to E who retired while working in the said workplace and retired from the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties, as described in the attached list of crimes.

B. From May 7, 2007 to March 31, 2014, the Defendant did not pay KRW 17,308,210 of the retirement allowances of E retired from the said workplace within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Each of the facts charged in this case is an offense 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, 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

However, according to the trial records of this case, it can be recognized that the victim has withdrawn his/her wish to punish the defendant after instituting the prosecution of this case. Thus, the prosecution against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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