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(영문) 서울남부지방법원 2013.03.20 2013고정374
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of Guro-gu Seoul Metropolitan Government, is an employer who runs wholesale and retail business with twenty full-time workers employed.

The defendant works in the above workplace.

On August 31, 2012, a retired employee C’s wages and retirement allowances totaling KRW 26,616,347 won from May 2012 to August of the same year, and KRW 28,300,709 from February 30, 2012 to August of the same year and KRW 28,300,709 from September 30, 2012 to August of the same year were not paid within 14 days from each date on which the cause for payment occurred, without any agreement between the parties to the payment.

2. This part of the facts charged cannot be prosecuted against the employee’s explicit 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. Since the said employee expressed his/her intent not to punish the Defendant on March 15, 2013, which was after the instant indictment, the instant indictment was dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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