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(영문) 서울서부지방법원 2014.05.13 2014고단611
근로자퇴직급여보장법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the user who employs 13 full-time workers as the representative director of the D Co., Ltd. with Seoul Mapo-gu Seoul Mapo-gu 810 and operates home shopping business.

The Defendant is working in the foregoing workplace from July 30, 2012 to August 1, 2013.

The retirement E’s total wage of KRW 11,336,00 and retirement allowance of KRW 2,787,580, including the total wage of KRW 2,834,00 in April 2013, did not pay KRW 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment, and did not pay KRW 5,125,050 in total and KRW 5,233,231 in total, as shown in the attached list of crimes in the attached list of crimes, within 14 days from the date of the occurrence of the cause for payment, without any agreement on the extension of the due date between the parties.

2. The facts charged in the instant case are crimes 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, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The facts charged in the instant case can be acknowledged that all the workers indicated in the facts charged have withdrawn their wish to punish the Defendant after the institution of the instant prosecution. Thus, the instant prosecution is dismissed in accordance with Article 327 subparag.

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