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(영문) 서울동부지방법원 2015.04.22 2014고단2903

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs construction business using 40 full-time workers as the representative of (ju)C in Songpa-gu Seoul Metropolitan Government.

The Defendant shall work at the relevant workplace from December 28, 201 to August 14, 2014.

Wages and retirement allowances of retired workers D including 24,541,087 won, and 689,133,857 won in total, as stated in the attached list of crimes, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Article 109(2) of the Labor Standards Act provides that an employer may not prosecute a worker against his/her explicit intent if the employer fails to pay any money or valuables, such as wages, within 14 days after his/her retirement.

The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act provides that if an employer fails to pay a retirement allowance, a public prosecution may not be instituted against the explicit will of the victim.

However, according to the records, it can be recognized that the victims stated in the attached list of crimes do not want the whole punishment of the defendant after the institution of the prosecution of this case.

Therefore, 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.