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(영문) 수원지방법원 2013.10.30 2013고정837
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is a manager of the KAB located in Heung-gu Seoul Metropolitan Government, who operates a private teaching institute business with ten regular workers.

The Defendant did not pay KRW D retirement allowance of KRW 5,064,523, who worked from March 12, 2009 to May 31, 201 at the same place of business, within 14 days from the date of retirement, which is the date on which the cause for the payment occurred, without agreement between the parties concerned about the extension of the payment date.

2. The instant facts charged cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. Since the said employee expressed his/her wish not to punish the Defendant on October 29, 2013 after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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