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(영문) 서울남부지방법원 2013.06.13 2013고정563
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 No. 805, who ordinarily employs seven workers and operates an engineering work business.

The Defendant works at the foregoing workplace from March 1, 2008 to March 25, 2012, D-D’s work hours from March 1, 2008 and the same year.

2. Wages of 2.310,000 won, each of them under the same year;

3. The 1,862,90 won and retirement allowances of 6,482,90 won and retirement allowances of 7,121,990 won have not been paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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.

The records show that the victim has withdrawn his/her wish to punish the defendant after filing the prosecution of this case.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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