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(영문) 서울동부지방법원 2015.04.13 2014고단3574

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

1. The summary of the facts charged is the C representative Co., Ltd. located in Songpa-gu Seoul Metropolitan Government B and the second floor, who runs the manufacturing and wholesale business of sports species.

From September 2, 2013 to August 10, 2014, the Defendant did not pay 1,655,000 won of wages and retirement allowances of 13 workers within 14 days from the date of retirement, as shown in the attached crime list, as well as 6,087,473 won in total, from September 2, 2013 to August 10, 2014.

The Defendant, from February 16, 2010 to August 14, 2014, paid the total of KRW 11,15,848 of E’s wage and retirement allowances, which were worked at the said workplace, as well as KRW 35,287,716 of the wages and retirement allowances paid to each individual, as described in the attached Table, without any agreement between the parties on the extension of the due date, within 14 days from the date of retirement.

2. The facts charged in the instant case are both 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 prosecuted against the victims’ express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, each of the copies of the victims’ written withdrawals, which expressed their intention not to punish the Defendant on January 13, 2015 and February 27, 2015, may be recognized as having been submitted to this court. Accordingly, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.