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(영문) 서울동부지방법원 2019.11.25 2019고단3301

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of B, engaged in wholesale and retail business, was the employer. The Defendant, at the place of business, worked from October 1, 2012 to June 30, 2019, paid KRW 3,850,000 for the month of May 2019, and paid KRW 3,850,000 for retirement allowances, and retirement allowances paid KRW 25,704,530 for June 2019 without agreement on extension between the parties’ payment dates, and did not pay KRW 22,854,40,403 for the total amount of seven employees’ wages as shown in the list of crimes in the separate sheet of crimes, and KRW 78,921,568 for the total amount of seven employees’ wages without agreement on extension between the parties.

2. The violation of each of the above Labor Standards Act, which violates Article 109(2) of the Labor Standards Act, and the Act on the Guarantee of Workers’ Retirement Benefits, is a case in which each victim’s explicit intent cannot be prosecuted pursuant to the proviso of Article 44 of the Act on the Guarantee

According to the records, it is recognized that the injured workers filed a written withdrawal of their respective complaints with the purport that they do not want punishment against the accused injured by the investigation agency on October 28, 2019, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.