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(영문) 서울남부지방법원 2013.05.23 2013고정1390
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director C of the Guro-gu Seoul Metropolitan Government Construction Bank Co., Ltd., which is one of the users operating environmental machinery business using five regular workers.

The Defendant is working in the foregoing workplace from August 2, 2010 to April 30, 2012.

As shown in the attached Form, 54,512,409 won in total, including 19,334,360 won in arrears and 1,860,362 won in retirement pay and 21,194,722 won in total, and 54,512,409 won in arrears of two workers, as well as 14 days from the date of each retirement without agreement between the parties to the extension of the due date.

2. The facts charged above are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers' Retirement Benefits Act. No public prosecution may be instituted against the victim's explicit will.

However, according to the statement of withdrawal of each petition (appeal) bound in the trial records, the fact that workers E and D have withdrawn their wish to punish the defendant on May 21, 2013, which was after the prosecution of this case, can be acknowledged. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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