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(영문) 서울남부지방법원 2015.10.08 2015고단2789
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is the representative of the Geumcheon-gu Seoul Metropolitan Government Co., Ltd., and is an employer who runs a construction business. From August 1, 2005, the Defendant worked in the said company from around August 1, 2005, and did not pay the total of KRW 13,500,000 for each of the wages of August 31, 2014, September 2014, and October 1, 2011, the unused annual rent of KRW 120,697, the unused annual rent of KRW 1,280,792, the unused annual allowance of KRW 1,280,792, and the unused annual allowance of KRW 1,280,792, and KRW 1,921,88, and retirement allowance of KRW 40,753,755 within 2014 without agreement between the parties to the instant case.

On the other hand, each of the above acts committed by the defendant with respect to wages and unpaid annual allowances is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits. Under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, a public prosecution cannot be instituted against the victim's explicit intent (or against the express intent of the victim). According to the written withdrawal of a complaint submitted by D to this court, it is recognized that the victim expressed his/her intent not to be punished against the defendant on September 17, 2015, since the victim expressed his/her intention not to be punished against the defendant on September 17, 2015, the prosecution of this case is dismissed.

It is so decided as per Disposition for the above reasons.

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