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(영문) 서울중앙지방법원 2017.11.08 2017고정2237
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant was in the second floor of the Gangnam-gu Seoul Building B

C The actual operator of a corporation is an employer who runs real estate consulting business and trade business for agricultural and livestock products using eight full-time workers.

1. Where an employee dies or retires, the employer has not paid wages, compensations, and other money or valuables within 14 days from the date on which the ground for such payment occurred, but the Defendant did not pay KRW 2,00,000 for the total amount of wages of 2,00,000 won on December 2, 2014, of 200,000 for retirement workers who retired from the said workplace until May 22, 2015; and KRW 2,00,000,000 for January 2, 2015; KRW 2,00,000,000 for wages; KRW 2,00,000 for wages; KRW 2,00,000 for wages; and KRW 2,00,000 for April 2, 2015; and KRW 6,668,616,6486,66, etc. within the agreed date without agreement between the parties to retirement.

2. Where an employee retires, the Defendant did not pay the retirement allowance of KRW 2,289,844 of the employee D’s retirement pay from March 25, 2014 to May 22, 2015 at the same workplace without agreement between the parties to the extension of the payment deadline.

2. The facts charged in the instant case are the 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, which cannot be prosecuted against the explicit intent of the victimized employee under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In doing so, it can be recognized that workers D expressed the intent not to be punished for the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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