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(영문) 서울북부지방법원 2015.03.17 2014고정1882
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates a English private teaching institute called “C” in Seongbuk-gu Seoul Metropolitan Government.

1. The Defendant violated the Labor Standards Act: (a) worked in the said English private teaching institute from October 26, 2013 to February 26, 2014; (b) did not pay the total amount of KRW 585,720 on December 12, 2013 of the retired workers D; (c) January 1, 2014; (d) February 1, 2014; and (e) paid KRW 1,114,280 on February 22, 2012 to February 21, 2014; and (e) did not pay the amount of KRW 120,00 on February 11, 2013; and (e) paid the amount of KRW 1,00,000 on December 1, 2013; and (e) paid the amount of KRW 1,00,000 on May 1, 207;

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act did not pay KRW 1,959,200 of the retirement allowances of the retired workers E within 14 days from the date of retirement, without any agreement on extension of the payment date between the parties concerned, while working in the said English private teaching institute from February 22, 2012 to February 21, 2014.

2. The judgment is the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, it is recognized that the above workers have withdrawn their wish to punish the defendant after the prosecution of each case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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