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(영문) 서울서부지방법원 2019.09.27 2019고정515
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative of Mapo-gu Seoul building B and D located in heading C, who runs a service business with 20 full-time workers. A.

The Defendant worked from February 23, 2017 to April 30, 2018, and retired from office, and did not pay wages of 1,208,226 won for March 2018, 2018, wages of 2,390,893 won for April 4, 2018, annual salary of 2017, annual salary of 625,199 won, annual annual salary of 2018, annual salary of 1,137,160 won, and annual salary of 5,361,478 won, and from January 3, 2018 to April 30, 2018, the Defendant did not pay wages of F from March 3, 2018 to April 36, 2018, wages of 3,626,537 won, 539,539, and 1405 days for retirement without agreement between the respective parties.

B. The Defendant did not pay the said E retirement pay of KRW 3,154,244 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, main text of Article 44(1) and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against the victim’s explicit intent.

However, according to each written application filed in the trial records, it can be recognized that the victims expressed their intention that they do not want punishment after the prosecution.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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