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(영문) 서울중앙지방법원 2012.12.27 2012고단2674
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative director of D in Gangnam-gu Seoul Metropolitan City C building 7, who employs 30 full-time workers and operates the parts manufacturing business.

[2012 Highest 2674] The Defendant did not pay the total amount of KRW 4,294,119 of wages and retirement allowances to E employed by the said company from September 14, 2009 to November 18, 2010, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

[2012 Highest 6609] The Defendant did not pay the wages of KRW 16,250,00 for workers F who worked for the said company from January 1, 201 to September 11, 2011, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the due date.

2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the statement of withdrawal of each of the complaints submitted to this court, workers E and F can be acknowledged that they have withdrawn their wish to punish each of the accused after the institution of the instant indictment.

Therefore, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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