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(영문) 서울서부지방법원 2015.01.15 2014고단3156

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of Yongsan-gu Seoul Metropolitan Government Co., Ltd., a company in Yongsan-gu, is an employer who ordinarily employs eight workers to provide bread.

When a worker retires from office, barring any special circumstances, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, and shall also pay the retirement allowances.

Nevertheless, the defendant is working as the Deputy Administrator from November 1, 2008 to April 30, 2013 at the above workplace.

A total of KRW 10,970,760, and retirement allowances of KRW 30,859,110, including the annual unused allowances of KRW 2,54,568 of retired D and KRW 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to each statement of withdrawal of the written complaint on September 11, 2014, it is recognized that all of the instant workers have withdrawn their intent to punish the Defendant after the instant indictment was instituted. Thus, all of the instant indictments are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.