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(영문) 서울중앙지방법원 2017.12.20 2017고단4909

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of Gangnam-gu Seoul Metropolitan Government Co., Ltd. established for the purpose of consulting business.

The Defendant did not pay KRW 25 million in total amount of wages from July 1, 2015 to November 30 of the same year of the victim D, who retired from office from around July 1, 2015, within 14 days from the date of D’s retirement, without any agreement between the parties on the extension of payment deadline.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s clearly expressed intent under Article 109(2) of the same Act. According to the records, the victim can be found to have withdrawn his/her intent to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.