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(영문) 서울동부지방법원 2020.11.13 2020고정894

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant, as the representative director of Songpa-gu Seoul Metropolitan Government and 5th C, who is a full-time worker and operates an export-import business.

The Defendant worked from April 5, 2019 to October 20, 2019 at the same place of business, and retired from the said place of business, paid 13,435,484 won of the total wage as shown in the attached Table of Crimes to two retired workers, including 7,462,90 won in total, including 2,50,000 won in July 2019, wage of August 2019, wage of 2,50,000, wage of September 2019, wage of 2,50,000 won in September 2019, and wage of 1,612,903 won in October 2019, and did not pay 14 days from each retirement date without agreement between the parties on extension of the due date.

2. The instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. Since the victimized workers expressed their intent not to be punished against the Defendant after the instant indictment, all of the instant indictments are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.