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(영문) 서울동부지방법원 2014.08.28 2013고정2660
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the representative of Seongdong-gu Seoul (ju)C, who employs 260 full-time workers and operates a construction company.

The defendant shall work in the above workplace from January 8, 2007 to January 31, 2013.

Wages and retirement allowances for retired D 8,227,21 won in total, and from May 1, 2007 to January 22, 2013 in the above workplace.

Wages and retirement allowances for retired E were not paid 4,878,689 won in total within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date.

2. The above facts charged are crimes 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 Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent. According to the records, the victim D and E may be acknowledged on June 12, 2014, after the institution of the instant public prosecution, that expressed their intent not to punish the Defendant. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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