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(영문) 서울서부지방법원 2016.01.21 2015고정1725
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who employs 14 full-time workers of the E Corporation located in Ulsan-gun D, Ulsan-gun, the representative of the corporation whose head office is located in Busan Jung-gu.

The Defendant did not pay KRW 3,62,537 of his/her retired worker F as the head of the public service team from March 10, 2014 to January 31, 2015, the amount of wages of 3,624,127 won on September 1, 2014 of the same year, the amount of wages of 3,624,127 won on December 12 of the same year, the amount of wages of 3,62,537 won on January 3, 2015, the amount of wages of 315,630 won from March 10, 2014, the amount of transportation expenses of 1,966,890 won from May 1, 2014 to October 31, 2014, the amount of wages of 3,624,207, the amount of refund money of 186 days from the date of agreement between the parties to retirement without agreement.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

In this regard, on January 14, 2016, the victim withdrawn his wish to punish the defendant in this court.

3. According to the conclusion, the prosecution of this case against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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