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(영문) 서울남부지방법원 2013.09.11 2013고단2617
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative C Co., Ltd. located in Guro-gu Seoul Metropolitan Government, who employs 10 full-time workers and operates a video security device manufacturing business.

The defendant from January 14, 2013 to the same year in the above workplace.

3. D’s total wage of KRW 4,108,863 in March 2013 and E’s retirement allowance of KRW 3,160,448 in the said workplace from September 1, 201 to February 8, 2013, which had been employed until August 2013, was not paid within 14 days from the date on which the cause for payment occurred, without an agreement between the parties to the extension of the due date.

2. The facts charged in this part of the judgment are crimes falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and 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 Guarantee of Workers’ Retirement Benefits Act. Since the above employee expressed his/her wish not to punish the Defendant around July 25, 2013, the indictment in this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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