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(영문) 서울동부지방법원 2018.04.05 2017고단3594

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant was the representative director of C (main office D: tin construction business, etc.) and was in charge of the business operation of the instant company, and the employer paid wages, retirement allowances, compensation, and all other money and valuables within 14 days from the time when the reason for payment occurred when the employee died or retires. However, the Defendant did not pay the total amount of wages within 15,000,000,000,000,000,000,000 on December 1, 2015 to December 2016, 2016, and the total amount of wages within 3,60,000,000,000,0000 won on March 1, 2016 to October 1, 2016, 2016 to November 16, 2016, 206,616,616 and 27 days thereafter.

On the other hand, the part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Labor Standards Act, and the part of the unpaid retirement benefits is an offense falling 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. Under the proviso of Article 44 of the Labor Standards Act, the victim’s written withdrawal of complaint attached to the trial record is acknowledged to have expressed his/her intent not to be punished against the Defendant on March 21, 2018, after the prosecution of this case, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.