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(영문) 광주지방법원 2015.03.10 2015고단71
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Seoul Special Metropolitan City Gwangjin-gu Co., Ltd. and the third floor, who operates the clothing wholesale and retail business by using five regular workers.

From January 8, 2014 to January 12, 2014, the Defendant did not pay 22,558,390 won for the wages and retirement allowances of 3 workers as well as 14 days from the date of retirement without justifiable grounds, such as an agreement on the extension of the payment deadline between the parties concerned, as stated in the attached Form, as well as D’s wages and retirement allowances of 275,000 won for January 2014.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and 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 Guarantee of Workers’ Retirement Benefits Act.

However, according to the statement of withdrawal of a complaint filed in the trial records, D, E, and F, which had been accepted from December 22, 2014 to December 24, 2014, after the institution of the instant prosecution, have withdrawn the wishing to punish the defendant.

Therefore, the prosecution against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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