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(영문) 서울동부지방법원 2014.07.24 2014고단1217

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is an employer who employs two full-time workers on the first floor of Songpa-gu Seoul Metropolitan Government D and operates a civil engineering and design service business.

The defendant shall work in the above workplace from February 2, 1995 to July 25, 2013.

The retired E’s wages of KRW 134,366,129 and retirement allowances of KRW 4,868,553 including wages of KRW 2,90,00 on September 2010, were not paid within 14 days after the cause for the payment occurred without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against the victim’s explicit intent. According to the records, the victim F and G may be acknowledged on July 4, 2014, which are after the institution of the instant public prosecution. Thus, the instant public prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.