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(영문) 서울남부지방법원 2013.07.18 2013고정1157
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user who employs seven full-time workers and operates software development business as the representative director C(main) located in Geumcheon-gu Seoul Metropolitan Government 601.

The Defendant is working in the foregoing workplace from February 1, 2008 to October 31, 2012.

The total amount of 18,703,30 won in attached Form 4, such as retired D, was not paid within 14 days from each retirement date without an agreement between the parties on the extension of the payment date.

B. The Defendant is working in the foregoing workplace from February 1, 2008 to October 31, 2012.

A retirement allowance of 26,685,902 in attached Form 4, such as D, was not paid respectively within 14 days from the date of each retirement without agreement between the parties to the extension of the payment date.

2. Of the facts charged in the instant case, the fact that wages are not paid after retirement constitutes an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and an offense falling under Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and an offense of non-prosecution under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, it can be recognized that the victims have withdrawn their wish to punish the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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