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(영문) 서울남부지방법원 2013.11.18 2013고단3559
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the C Company in Yeongdeungpo-gu Seoul Metropolitan Government, who runs the marriage information business as the representative of the C Company.

The Defendant is working in the foregoing workplace from October 28, 2010 to August 31, 2012.

The retirement worker D's total amount of KRW 13,50,00 and retirement allowance of KRW 1,286,470 and retirement allowance of KRW 14,786,470 from December 201 to August 2012 were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. This part of the facts charged cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the said employee expressed his/her intent not to punish the Defendant on September 3, 2013, which was after the instant indictment, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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