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(영문) 서울중앙지방법원 2016.06.27 2015고정3853

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The accused of the facts charged is the employer who is the representative of D Co., Ltd. on the fourth floor of Gangnam-gu Seoul Metropolitan Building and has been engaged in day-time publication business using two full-time workers, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred if the employee retires;

Nevertheless, the Defendant did not pay KRW 3,050,000 to workers E who retired from the said workplace from July 7, 2014 to September 19, 2014 without an extension agreement between the parties on the payment date, within 14 days after the cause for the payment occurred.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the records of this case, the victim's withdrawal of complaint was submitted to the effect that the defendant does not want to be punished for the defendant on April 22, 2016, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.