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(영문) 서울남부지방법원 2016.12.08 2016고정732
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the representative director of the Geumcheon-gu Seoul Metropolitan Government building and the Dispute Resolution Co., Ltd. in 702, who operates an advertising agency by using four full-time workers.

From April 25, 2013 to October 31, 2014, the Defendant did not pay the amount of KRW 6,500,000 and retirement allowances of KRW 2,985,706 to retired workers D, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

The facts charged against the board of directors 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 express 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. Since the victim expressed his/her wish not to punish the Defendant on December 5, 2016, the date of the instant indictment, the victim expressed his/her wish not to punish the Defendant, the instant indictment is dismissed in accordance with Article 327 subparag.

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