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(영문) 서울중앙지방법원 2013.05.27 2013고정1317

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of Seocho-gu Seoul Metropolitan Government Company B, who ordinarily employs 30 to 40 workers and operates service agency business.

The defendant works from April 2008 to April 19, 2012.

The retirement worker C did not pay 42,970,000 won in total, including 1,500,000 won in April 2012 as well as 42,970,000 won in the attached list for two retired workers, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

2. The facts charged in the instant case 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. According to the records, the victim C and D may be acknowledged as the fact that they have withdrawn their wish to punish the Defendant on April 9, 2013, which was after the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed under Article 327(6) of the Criminal Procedure Act.