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(영문) 서울동부지방법원 2015.07.15 2015고단158
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the stateB, who runs a construction business.

The Defendant shall work at the place of business (State) B from December 27, 2010 to October 1, 2014.

The amount of wages and retirement allowances of retired workers C, including the total of 24,613,320 won, and the total of 244,964,341 won, as shown in the attached list of crimes, was not paid within 14 days from the date on which the cause for such payment occurred without agreement between the parties on the extension of the due date.

2. Article 109(2) of the Labor Standards Act provides that an employer may not prosecute a worker against his/her explicit intent if the employer fails to pay any money or valuables, such as wages, within 14 days after his/her retirement.

The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act provides that if an employer fails to pay a retirement allowance, a public prosecution may not be instituted against the explicit will of the victim.

However, according to the records, it can be acknowledged that the victims expressed their intention that they do not want the punishment of the defendant after filing the prosecution of this case.

3. According to the conclusion, 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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