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(영문) 서울동부지방법원 2014.09.19 2014고정1346
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of Songpa-gu Seoul Metropolitan Building C Co., Ltd., which ordinarily employs one worker and operates road design program development business. A.

The defendant works from February 20, 2007 to September 30, 2013 at the above workplace.

A retired employee’s wages of KRW 14,98,532 and KRW 624,010, which were the total of KRW 15,622,542, including the amount of KRW 14,98,532 and the amount of KRW 624,010 in year 2013, did not pay the amount within 14 days from the date on which

B. The Defendant is working in the foregoing workplace from February 20, 207 to September 30, 2013.

A retired employee's retirement allowance of 11,521,253 won was not paid until 14 days from the date of retirement, which is the date when the grounds for such payment occurred, without an agreement between the parties to the extension of the payment period.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and 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 to Article 44 of the Act on the Guarantee of Workers

According to the records, it is recognized that workers D expressed his/her intention not to punish the defendant after the prosecution of this case, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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