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(영문) 서울동부지방법원 2014.05.08 2013고단2507
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the representative director of C in the second floor of Gangdong-gu Seoul Metropolitan Government, who is engaged in construction business by employing 16 full-time workers.

The Defendant did not pay D’s wages of KRW 4,620,00, retirement allowance of KRW 6,067,361, which had been employed from March 16, 2010 to February 25, 2013 at the same place of business, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment, as shown in the attached crime list, and did not pay KRW 72,079,671, which is the total of KRW 15,00,00,000, and KRW 72,079,671, which is the date of the occurrence of the cause for payment, within 14 days from the date of retirement, as described in the attached crime list.

2. The facts charged in the instant case are crimes falling under Articles 109(1), 36 of the Labor Standards Act, Article 44 subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against the victim's explicit intent. According to records, the facts charged in the instant case are as follows: victim E, F, G, D, H, I, K, K, L, M, N, N, andO after the institution of each of the instant charges, on December 19, 2013; the victim P on March 13, 2014; the victim Qu is the victim on March 27, 2014; the victim on April 8, 2014; and the victim on this case's wish not to prosecute the Defendant under Article 27 subparag. 37 of the Criminal Procedure Act.

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