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(영문) 서울동부지방법원 2014.08.22 2014고정1188
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Seoul Special Metropolitan City Gwangjin-gu C Co., Ltd., who employs two full-time workers and operates the manufacturing business. The defendant worked at the above company's workplace from January 18, 2005 to November 7, 2013, and the victim D who retired from the company did not pay 695,430 won of wages (after rent) and retirement allowance 20,043,301 won (before rent) within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties on extension of the due date for payment.

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 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it can be acknowledged that the victim’s withdrawal of complaint with respect to the preparation of the victim’s intent not to punish the Defendant on May 28, 2014, after the institution of the instant indictment, submitted to this court. Thus, the instant prosecution is dismissed under Article 327 subparag.

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