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(영문) 서울남부지방법원 2016.01.14 2015고단5161
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant, as the representative C Co., Ltd. in Guro-gu Seoul, employed eight full-time workers, and engaged in sofet development business. However, from May 10, 2013 to July 31, 2014, the Defendant did not pay KRW 8,000,000, total wages of May, June, July, 2014 and retirement allowances of KRW 4,322,572, and from November 5, 2013 to July 31, 2014 of the victim E, who worked at the instant workplace, within 14 days from the date of retirement without agreement between the respective parties on extension of payment period.

Therefore, the defendant's act of payment of wages among each of the above acts is an offense falling under Article 109 (1) and Article 36 of the Labor Standards Act, and the main sentence of Article 44 (1) and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits. Pursuant to Article 109 (2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, all of the defendants cannot file a public action against the victim's explicit intent (or against the express intent). According to each complaint withdrawn and the written withdrawal of complaint submitted by the victims of this case, the worker D is recognized as having expressed his/her intent not to be punished against each defendant on January 6, 2016, and the public action of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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

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