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(영문) 서울중앙지방법원 2013.12.24 2012고단7095
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of G Co., Ltd. G in Gangnam-gu Seoul Metropolitan Government F, is an employer who employs ten full-time workers and engages in software development business.

The Defendant worked for the said company from January 3, 201 to June 1, 2012, and did not pay wages of 8,500,000,000 and retirement allowances of 5,336,775, and retirement allowances of Ha who retired workers from the said company from April 1, 201 to April 1, 2012, wages of 4,700,000 and retirement allowances of 9,40,000,000, and wages of Ha who retired workers from the said company from February 6, 2012 to June 26, 2012, within 14 days from the date of retirement without agreement between the parties to the payment.

2. The above facts charged constitute an offense 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 thus, an indictment may not be instituted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee

However, according to the letter of withdrawal of complaint received by this court on December 24, 2013, the victims have withdrawn their wish to punish the defendant after the date of the closing of argument. Thus, this part of the indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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