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(영문) 서울남부지방법원 2013.06.05 2013고단1018
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the defendant who ordinarily employs 40 workers as the representative of the C Co., Ltd. located in Geumcheon-gu Seoul Metropolitan Government No. B 802 and operates the business of manufacturing a taximeter.

Defendant is working in the above workplace.

The following workers did not pay their wages and retirement allowances within 14 days from the date of the occurrence of the cause of the payment without agreement between the parties on extension of the due date of payment.

Workers D (work from August 1, 2009 to September 30, 2012): Annual leave allowances of 2,411,472 won, retirement allowances of 7,144,410 won.

(b) Workers E (work from September 5, 2005 to October 31, 2012): Annual leave allowances of 3,853,240 won, retirement allowances of 6,123,50 won;

(c) Workers F (work from October 1, 2008 to October 31, 2012): 2,870,800 won per year’s paid leave allowances, and retirement allowances of 408,010 won per year;

(d) Workers G (work from May 2, 201 to September 13, 2012): 2,349,830 won of retirement allowances;

2. The facts charged in this part of the judgment cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the withdrawal of the said employee’s petition expressing his/her intent not to punish the Defendant was submitted on or around February 7, 2013, which was the date of the instant indictment, the instant indictment was dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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