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(영문) 서울남부지방법원 2013.07.23 2013고단1834
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 510, who employs 40 full-time workers and operates service business (guidance production).

The Defendant did not pay the amount of KRW 22,440,386, the sum of D’s wages of KRW 12,604,710 and KRW 22,440,386, which worked from May 22, 2006 to June 16, 2012, within 14 days from the date of retirement, without agreement on extension of the due date between the parties concerned.

B. The Defendant did not pay KRW 13,079,496 in total amount of KRW 5,638,836 and E retirement allowance of KRW 7,440,666 and KRW 13,079,496 in the above place of business within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

2. Of the facts charged in the instant case, the fact that wages are not paid after retirement constitutes an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and an offense falling under Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and an offense of non-prosecution under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the victims can recognize the fact that they have withdrawn their wishes to punish the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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