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(영문) 서울중앙지방법원 2014.02.18 2012고단2275
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates D Co., Ltd., a media company in the sixth floor of the New Buildings in Jung-gu Seoul Metropolitan Government.

The Defendant is a reporter at D Co., Ltd. from September 1, 1989 to June 1, 2011.

18,934,072 won in total, 110,906,090 won in retirement allowance of retired workers E, 3,627,982 won in annual leave allowance, 4,400,000 won in holiday leave allowance, and 118,934,072 won in total, was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties

2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the written agreement submitted to this court, workers E can recognize the fact that he/she has withdrawn his/her wish to punish the defendant after instituting the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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