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(영문) 서울동부지방법원 2016.06.30 2016고단1381
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative director of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and 201, who runs retail business using six full-time workers.

The Defendant, from November 8, 2014 to December 4, 2015, did not pay the D’s wages of KRW 2,822,580 ( KRW 2,500,000 in November 2015 and wages of KRW 322,580 in December 2015) and retirement allowances of KRW 2,713,402 in December 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act, and 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 Workers’ Retirement Benefits Guarantee Act.

However, after the prosecution of this case, the victim D withdrawn his wish to punish the defendant by submitting a written withdrawal of complaint stating that the victim D does not want to punish the defendant.

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

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