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(영문) 서울중앙지방법원 2013.09.27 2013고정3315
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director E of the Yangcheon-gu Seoul Metropolitan Government D Building No. 804, who employs five full-time workers and operates content production business.

The Defendant is working in the foregoing workplace from August 16, 2010 to May 12, 2012.

With respect to three retired workers, including 1,325,316 won of retirement pay of retired workers F, 11,941,753 won in arrears, as shown in the attached list of crimes, shall not be paid respectively within 14 days from the date of occurrence of the cause for payment, without an agreement between the parties to the extension of the due date.

2. On the other hand, the case is a crime 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, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each written confirmation of non-prosecution of punishment bound in the trial record, it is obvious that the victims have withdrawn their wish to punish the defendant on September 26, 2013, which is the date of the prosecution of this case, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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