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(영문) 서울남부지방법원 2013.07.22 2013고정320
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the former representative of the Guro-gu Seoul Metropolitan Government C Co., Ltd., engaged in the manufacturing of automobile diagnostic instruments by employing 54 regular workers.

The Defendant did not pay KRW 7.2 million and retirement allowances of KRW 12,835,030 and retirement allowances of KRW 12,830,030,000 and retirement allowances of KRW 12,830,000 from January 11, 2006 to January 30, 2012, for employees E who worked from February 25, 201 to March 14, 2012; and F retirement allowances of KRW 1,833,30 from January 10, 201 to January 10, 2012, within 14 days from each date on which grounds for payment arise, without an agreement between the parties on the extension of the payment period.

2. The facts charged in this part of the judgment are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the aforementioned employee expressed his/her wish not to punish the Defendant around May 15, 2013 and around July 16, 2013, the indictment in this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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