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(영문) 서울남부지방법원 2015.10.22 2015고단3705
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged in this case is that the defendant is the third representative director of the Geumcheon-gu Seoul Metropolitan Government Building C (C) and operates an advertising agency business as the representative director of the company in charge of the settlement of accounts. The defendant worked in the above company from April 3, 2014, and around October 10, 2014, paid 645,161 won to retired workers D's wages in October 2014 and 8,279,104 won in total, and 12 January 2011 in the above company as shown in the list of crimes in the attached Table, including 645,161 won in total, and 4,085,460 won in the E retirement allowance of retired workers from office around July 23, 2014, and did not pay 11,728,710 won in total, and 14 days in the date of the extension of the payment without agreement between the respective parties.

On the other hand, the defendant's act of payment of wages among the above acts is a crime falling under Articles 109 (1) and 36 of the Labor Standards Act, and Article 44 (1) 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 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, all of the victims can not be prosecuted against the victim's explicit intent (or against the victim's explicit intent). According to each agreement and withdrawal of complaint submitted by the defendant to this court upon delegation from each of the above victims, the victims of this case are recognized as having expressed their intent not to be punished against each defendant on June 9, 2015, since the victims of this case expressed their intention not to be punished against each defendant on June 9, 2015, Article 327 (6) of the Criminal Procedure Act

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

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