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(영문) 서울북부지방법원 2016.11.10 2016고단1489

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Dongdaemun-gu Seoul Metropolitan Government (State)C, is an employer who employs 25 full-time workers and operates service business.

The defendant shall work in the relevant workplace from March 6, 2014 to July 31, 2015.

The total amount of 11,654,370 won of wages 2,759,980 won for retired workers D, and the total amount of 3,294,320 won of wages, retirement allowances 5,60,070 won of July 7, 2015, and retirement allowances 5,60,070 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the separate crime list, and the total amount of 71,864,505 won of wages, retirement allowances for five workers as shown in the separate crime list.

2. The facts charged in the instant 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 prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victims are recognized as having expressed their intent not to prosecute the Defendant after the instant indictment was instituted. Thus, all of the instant prosecutions are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.