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(영문) 서울중앙지방법원 2015.03.31 2015고단790
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of the (main) Seoul Seocho-gu Seoul Metropolitan Government Group 301, is an employer who was engaged in manufacturing and retail business (research and development of computer peripheral devices, etc.) with ten full-time workers.

The Defendant shall work in the workplace from March 12, 2012 to May 31, 2014.

D’s total amount of KRW 161,757,653, and total amount of KRW 124,393,980,151,233, as stated in the attached list of crimes, including KRW 1,916,063, which was paid in July 2013, was not paid within 14 days from the date of retirement, without any agreement on extension of the due date between the parties.

2. Determination and conclusion are crimes falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and where a public prosecution cannot be instituted against the victim's explicit intent pursuant to Article 109(2) of the Labor Standards Act or Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the above workers' expression of intent not to punish the defendant after the public prosecution of this case is instituted is recognized. Thus, all of the indictments of this case are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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