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(영문) 서울남부지방법원 2013.03.27 2013고단716
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant, as the representative of the Geumcheon-gu Seoul Industrial Complex, did not pay the total of KRW 158,750,931 as wages and retirement allowances of C, D, E, F, G, H, and I within 14 days from the date of his retirement, without any agreement on extension of the due date.

2. The prosecutor was indicted by applying Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Article 40 of the Criminal Act to the above facts charged. This is an offense under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits "it is not possible to institute a public prosecution against the victim's express intent." Since all seven damaged workers have withdrawn their wish to punish the Defendant after the prosecution of this case, all of the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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