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(영문) 서울중앙지방법원 2015.01.15 2014고단9025

근로기준법위반등

Text

Each of the instant public prosecutions is dismissed.

Reasons

The summary of the facts charged is the user who runs construction business as the C representative director of Seocho-gu Seoul Metropolitan Government Co., Ltd.

The defendant has worked in the above company from February 1, 200 to March 31, 2014.

In addition to the annual leave allowances of retired workers D, the total amount of KRW 15,563,925 of wages for two workers, including KRW 2,847,260, and the total amount of KRW 101,943,385 of wages and retirement allowances for two workers including KRW 5,63,925 of the retirement allowances of KRW 59,678,190, as shown in the attached list of crimes committed in the attached list of crimes, did not pay KRW 101,943,385 within 14 days from the date when the grounds for payment arose without agreement between the parties to the extension of the due date.

Judgment

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which 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 Act on the Guarantee of Workers' Retirement Benefits. According to the records, the workers D and E have withdrawn their intent to punish the defendant after the public prosecution in this case was instituted. Thus, each of the prosecution in this case is dismissed under Article 327 subparag. 6 of the Criminal