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(영문) 서울중앙지방법원 2014.09.16 2014고단6123
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative director of C of a corporation with three floors in Gangnam-gu Seoul Metropolitan Government, who has been engaged in electronic commerce business with four regular workers, and is working from September 25, 2013 to May 9, 2014.

A retired worker D’s wage of KRW 80,00 on January 201, 201, KRW 2,50,000 on February 2, 2014, KRW 2,500 on March 3, 2014, KRW 2,500,00 on March 2, 2014, KRW 8,305,80 on April 2, 2014, and KRW 725,806 on May 2014, as well as KRW 27,490,206 on the total wage of KRW 4 of the retired workers, without any agreement between the parties on the extension of the payment date, respectively, was not paid within 14 days from each retirement date.

Judgment

This part of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the records, workers D, E, F, and G are acknowledged to have withdrawn their intent to punish the defendant after the institution of the instant prosecution. Thus, each of the instant prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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