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(영문) 서울중앙지방법원 2014.02.13 2013고정4285
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is an employer who employs 20 full-time workers on the fourth floor of Gangnam-gu Seoul Metropolitan Government, and engages in software development business in the trade name of (main)C.

The defendant shall work for the above company from August 16, 201 to January 1, 2013.

A retired employee’s wages of KRW 5,567,720 and retirement allowances of KRW 3,900,410 as well as KRW 21,352,926, and total retirement allowances of KRW 9,304,390 and KRW 30,657,316, as described in the attached list of crimes, were not paid within 14 days from the date when the grounds for the payment occurred without agreement between the parties on extension of the due date for payment.

2. The determination is based on the case that falls 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. According to the records, the victims may recognize the fact that they expressed their wish not to punish the defendant after the institution of the instant prosecution. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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