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(영문) 서울동부지방법원 2013.12.10 2013고정2324

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the representative director of Seongdong-gu Seoul Metropolitan Government Co., Ltd., 707, who ordinarily employs 15 workers and operates coffee franchise business.

The Defendant did not pay KRW 15,713,988, including the three retired workers’ wages, etc., within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as stated in the details of the attached Form’s delayed payment, as well as KRW 1,981,730 of D-D’s wages, which worked from December 27, 2010 to March 29, 2013.

2. As to the above facts charged, Article 109(1) and Article 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim's explicit intent or against the victim's intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the victims can be recognized as having submitted a written agreement to the effect that the victims agree with the defendant and thus, they cannot be prosecuted against the victim's express intent. Thus, the victims' expression of wish not to prosecute a case which cannot be prosecuted against the victim's express intent or withdrawal of the wish to punish the case, and thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of

It is so decided as per Disposition for the above reasons.