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(영문) 서울남부지방법원 2017.01.19 2016고정2452
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the representative of the Dispute Resolution Co., Ltd., and the Defendant was working from October 31, 2013 to September 30, 2015 at the same place of business, and the employee C’s wages of KRW 11,450,720 and retirement allowances of KRW 4,064,917, February 3, 2014 to September 30, 2015, and the employee D’s wages of KRW 5,985,472 and retirement allowances of KRW 3,378,126 were not paid within 14 days from the date of retirement without any agreement on the extension of the payment period between the respective parties.

The facts charged on the market are crimes falling 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 explicit intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victims expressed their intent not to punish the Defendant on January 17, 2017, after the institution of each case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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