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(영문) 서울동부지방법원 2015.08.26 2014고단3967
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of Seongdong-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who employs 15 full-time workers and operates the clothing manufacturing business.

The defendant shall work in the workplace from July 26, 2010 to June 30, 2014.

The 119,616,114 won in total, including the 19,560,228 won in the wages and retirement allowances of retired workers D, was not paid within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, since the withdrawal of the complaint was submitted after the prosecution of this case that all victims do not want the punishment of the defendant, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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