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(영문) 서울중앙지방법원 2014.01.27 2013고단7827
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of C (main) in the fourth floor of the Gangnam-gu Seoul Metropolitan Building 4, is an employer who employs 25 full-time workers and operates a programming service business.

From October 8, 2007 to October 27, 2012, the Defendant did not pay the amount of KRW 17,708,395 and D retirement allowances of KRW 16,657,130 in total, including KRW 17,708,395, and KRW 16,657,130, as stated in the attached crime list, as well as KRW 17,708,395, and KRW 16,657, and 130 in total, as stated in the attached crime list, within 14 days after the cause for the payment occurred.

In addition, the Defendant did not pay the total amount of KRW 24,790,735 including wages, etc. for two retired workers, and the total amount of KRW 36,274,790 including retirement allowances, 61,065,525 including total amount of delayed payment of KRW 36,274,790, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Each of the above facts charged is an offense falling under Articles 109(1), 36, and 43(2) of the Labor Standards Act, the main text of Article 44 subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, each of the above workers can be acknowledged as the fact that he/she has withdrawn his/her wish to punish the defendant after the institution of a prosecution. Thus

It is so decided as per Disposition for the above reasons.

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