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(영문) 서울서부지방법원 2016.04.08 2015고정1686
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Mapo-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who ordinarily employs 45 workers and operates a cargo transport business.

A. The Defendant violated the Labor Standards Act was not paid to workers D, E, F, G, and H within 14 days from the date of the retirement of the above worker, who was the day when the cause for the occurrence of the occurrence of the annual paid leave allowance as stated in the attached list of crimes in the corresponding part.

B. The Defendant violated the Workers’ Retirement Benefit Security Act was not paid within 14 days from the date of the worker’s retirement, which is the date when the reason for payment of retirement benefits specified in the relevant part of the case, to workers E, F, G, and H.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, the main text of Article 44 subparag. 1 and Article 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.

However, since the written agreement was submitted to this court that the damaged worker D, E, F, G, and H does not want the defendant's punishment after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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