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(영문) 서울중앙지방법원 2016.10.13 2016고단5629
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is an employer who operates a film producer with the trade name “(State)” in Seocho-gu Seoul Metropolitan Government, Seocho-gu and 503, and is working from April 14, 200 to June 30, 2012.

Wages 69,981,920 won and retirement allowances 18,507,210 won and retirement allowances of retired workers D were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in this case are crimes 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 cannot be punished against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victimized employee D expressed his/her intent not to be punished against the defendant after the institution of the instant indictment. Thus, the above indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, and it

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