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(영문) 서울남부지방법원 2013.07.26 2013고정1893
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the C Stock Company B 805, Geumcheon-gu, Seoul, who runs a construction business with six full-time workers. A.

The Defendant did not pay the total of KRW 10,049,677 of wages of workers D and E within 14 days from the date of each retirement without an agreement on extension of the payment date between the parties, as shown in the attached list of crimes.

B. The Defendant did not pay the total amount of KRW 4,547,740 as stated in the attached list of crimes committed against the Defendant within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

2. The determination is based on the case where a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 2011) 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 amended Guarantee of Workers’ Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201). According to the victim D and E’s written withdrawal of each petition, the above victims may be acknowledged to have withdrawn their wish to punish the Defendant on July 15, 2013, which is the date of the instant indictment.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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