beta
(영문) 인천지방법원 2015.07.23 2015고단462

근로기준법위반

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 15 full-time workers on the third floor of the Nam-gu Incheon Metropolitan City and operates a mutual building company called “C” of the company.

The Defendant, from July 15, 2012 to January 16, 2014, had worked in the said workplace and had retired from the said workplace, paid 1,400,000 won for November 2013 as well as 54,980,000 won in total for eight workers, as shown in the attached crime list, without any agreement on the extension of payment period between the parties concerned, respectively, within 14 days from the date of retirement.

2. The determination is a crime 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 same Act. According to the written withdrawal of the victim E, D, F, G, H, I, J, and K, the victim E, F, G, H, H, and I may be recognized on June 25, 2015, which was after the instant indictment was instituted, as the victim J, and K have withdrawn their wish to punish the Defendant on July 17, 2015, which was after the instant indictment was instituted. Accordingly, the instant prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.