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(영문) 서울동부지방법원 2014.10.24 2014고단2964

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of Seongdong-gu Seoul Metropolitan Government D, who is an employer who runs restaurant business, etc. using 12 full-time workers.

From January 11, 2014 to January 31, 2014, the Defendant did not pay KRW 11,760,675 in total, including KRW 2,032,258, retirement pay8, KRW 836,00,00,00 from April 5, 201 to January 31, 2014, and KRW 11,760,675 in working at the aforementioned workplace without any agreement between the parties on the extension of the due date for payment.

2. The above facts charged are the crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the statement on the withdrawal of the petition received on September 19, 2014 in this court, the victims can recognize the fact that they have withdrawn their wish to punish the defendant after the institution of the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.