beta
(영문) 서울중앙지방법원 2014.11.13 2014고단4800

근로기준법위반등

Text

Each of the instant public prosecutions is dismissed.

Reasons

The summary of the facts charged is the C representative in the second floor of Jongno-gu Seoul Metropolitan Government, who has been engaged in the manufacturing business with 11 full-time workers.

From February 20, 2012 to December 24, 2013, the Defendant is working in the same workplace.

A retired worker D’s wage of 600,000 won in October 2013, 2013, wage of 2,50,000,000 won in November 2013, and wage of 2,50,000,000 won in December 2013, including total of 5,60,000 won in retirement pay of 4,565,700 won in retirement pay of 4,165,700 won in the attached list of crimes, as shown in the attached list of crimes, did not pay 82,464,180 won in total to 14 workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Judgment

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 4 subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, workers D, E, F, G, H, I, J, K, L, M, N,O, P, and Q are recognized to have withdrawn their wish to punish the defendant after the indictment in this case was instituted. Thus, each of the prosecution in this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.