beta
(영문) 서울동부지방법원 2016.05.27 2016고정263

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the Ctel representative director in Gangdong-gu Seoul Metropolitan Government, is an employer who ordinarily employs one worker and operates a service business. From April 26, 2010 to September 17, 2014, the Defendant did not pay KRW 1,388,870 of the wages and retirement allowances and KRW 5,712,960 of the retired worker D wages within 14 days from the date of his/her retirement.

2. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act; the main text of Article 44(1) and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On May 27, 2016, the victim expressed his intention not to punish the Defendant after the indictment of the instant case.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act