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(영문) 서울서부지방법원 2015.07.02 2014고단2339

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of E Co., Ltd. with five floors in Seodaemun-gu Seoul Metropolitan Government D Building, who operates a securities business using 157 full-time workers.

The Defendant is working at the real estate financial team from June 7, 2010 to August 10, 2012 at the said workplace.

The retirement worker F was not paid KRW 85,66,040 on the piece-rate rate of 2011 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the payment

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. Declaration of non-existence of punishment: Withdrawal of complaint and application for non-compliance with punishment submitted on June 11, 2015, after the institution of this case was indicted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;