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(영문) 서울동부지방법원 2014.09.03 2013고단1553
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the user who ordinarily employs eight workers as the D representative located in Gwangjin-gu Seoul Special Metropolitan City 206, who is engaged in patent agency business.

The Defendant did not pay the total amount of KRW 64,305,812 and retirement allowances of KRW 61,613,885 to E, who worked from February 1, 1997 to October 31, 2012, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The above facts charged are the crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 2 of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the letter of withdrawal of a complaint received on August 25, 2014, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant after the indictment of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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