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(영문) 의정부지방법원 2013.06.13 2013고정891
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of Seongdong-gu Seoul Metropolitan Government (ju)C, who ordinarily employs 12 workers and operates a metal product manufacturing business. A.

The Defendant did not pay the total amount of KRW 13,428,078, as well as KRW 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on extension of the due date for payment, as well as KRW 10,783,30, and KRW 2,644,748, which worked from September 1, 201 to August 31, 2012, as KRW 2,64,748, working in E, from January 11, 201 to November 17, 2012.

B. The Defendant did not pay the total of KRW 7,03,208 of the above two retirement allowances, including KRW 4,388,548, and KRW 2,614,60 of F’s retirement allowances, who worked from September 1, 201 to August 31, 2012, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period between the parties concerned.

2. The above facts charged are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 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However, on June 10, 2013, after the prosecution of this case, the victims withdrawn their wish to punish the defendant, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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