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(영문) 서울중앙지방법원 2014.11.25 2013고단8533
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant is a person who employs eight full-time workers on the second floor of the Gangnam-gu Seoul Metropolitan E building and operates F Co., Ltd., a software development company.

The Defendant is working for the said company from September 1, 2010 to April 19, 2012.

A retired employee G did not pay KRW 4,735,21 within 14 days from the date of his/her retirement without any agreement on extension of the due date for payment between the parties concerned, including the total amount of KRW 1,170,400, the total amount of KRW 1,985,296, the total amount of KRW 1,985,29,915, the total amount of KRW 268,224, the amount of KRW 168,224, July 201, the amount of KRW 168,224, and the amount of KRW 189,224, February 2, 201, the amount of KRW 1,170,40, the amount of KRW 1,296

Judgment

The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and 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 Act on the Guarantee of Workers' Retirement Benefits. According to the records, since the worker G voluntarily withdraws his/her wish to punish the Defendant after the institution of the instant indictment, the instant indictment is dismissed under Article 327 subparag. 6 of the Criminal Procedure

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