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(영문) 서울중앙지방법원 2017.09.12 2017고단5300
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who has engaged in a service business under the trade name called “(State) D” in Gangnam-gu Seoul Metropolitan Government and 405.

The Defendant did not pay wages of KRW 12,49,980 and retirement allowances of KRW 5,795,860 from February 1, 2014 to October 4, 2016 at the same place of business within 14 days from the date of each retirement without any agreement between the parties on the extension of the payment deadline, as follows: (a) the total amount of wages of workers 19,99,980 and retirement allowances of KRW 5,795,860, as shown in the list of crimes, as follows, within 14 days from the date of each retirement, without any agreement between the parties on the extension of the payment deadline.

Wage retirement pay for workers during the period of service on May 1, 2008 to October 12, 2016, 12,49,9805,795,860 2F from February 1, 2014 to October 4, 2016, 3,000,000 G 3 G G 3 from February 1, 2014 to October 4, 2016: 19,99, 980, 5,795,860 units for total amount of KRW 19:

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44(1) and 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

According to the records, three workers do not want to punish the defendant as to the above facts charged.

The facts received by each court on August 14, 2017, which were after the prosecution of this case, can be recognized by each court in writing. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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