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(영문) 서울서부지방법원 2015.03.25 2015고정11
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Eunpyeong-gu Seoul Metropolitan Government C, is an employer who runs a construction business with five full-time workers. A.

The Defendant, while working in the foregoing workplace from July 1, 200 to July 31, 2014, did not pay KRW 13,500,000 as wages in April 2014, 2014, KRW 3,500,000 in May 2014, and KRW 3,50,000 in June 2014, and KRW 13,50,000 in July 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date between the parties.

B. The Defendant, while working in the foregoing workplace from July 1, 200 to July 31, 2014, did not pay KRW 25,974,380 of D retirement pay, which was retired, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The judgment is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the above worker’s withdrawal of his wish to punish the defendant after the prosecution of this case is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure

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