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(영문) 서울동부지방법원 2013.07.23 2013고정904
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of Seongdong-gu Seoul Metropolitan Government Co., Ltd., and the Defendant did not pay KRW 5,645,116, total amount of wages and retirement allowances to five employees, as shown in the attached crime list, including D’s wage, etc., which was worked from July 1, 2011 to October 19, 2012 at the said place of business, within 14 days from the date of occurrence of the cause for payment, without any agreement on extension of the due date for payment.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the said employee expressed his/her intent not to punish the Defendant after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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