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(영문) 서울동부지방법원 2015.08.28 2015고단1407
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant employs four full-time workers in Songpa-gu Seoul Metropolitan Government and operates C in a construction company.

When a worker retires, the employer shall pay the wages, compensations, and other money and other valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business, served from August 12, 2011 to August 30, 2013 and retired from D’s retirement, did not pay KRW 1,151,800 for December 201 within 14 days from the date of retirement, and worked around that time as indicated in the attached list of crimes.

The total amount of wages and retirement allowances of two retired workers was not paid 96,658,466 won within 14 days from the date of retirement.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each written withdrawal of complaint filed in the trial records of the instant case, according to each written agreement, D and E can be acknowledged as a fact of withdrawing the Defendant’s wish to punish the Defendant on July 15, 2015, after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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