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(영문) 서울북부지방법원 2015.07.07 2015고정1174
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who operates C in Seongbuk-gu Seoul Metropolitan Government, who ordinarily employs five workers and operates a stable network establishment business.

From July 1, 2012 to October 31, 2014, the Defendant did not pay each of the wages of KRW 1,050,000 and retirement allowances of KRW 3,200,654 to retired workers D on October 1, 2014, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

2. The judgment 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 Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, it is recognized that the worker D withdraws his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure

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