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(영문) 서울동부지방법원 2016.04.27 2015고단3245
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of Seongdong-gu Seoul Metropolitan Government, is an employer who runs the Internet shopping business using 14 full-time workers.

The Defendant did not pay 59,012,943 won in total, including 1,940,530 won of D’s wages and retirement allowances of 12 workers, who retired from the Defendant’s workplace from January 5, 2015 to July 3, 2015, within 14 days from the date when the grounds for payment occurred, without an agreement between the parties on the extension of the payment deadline.

2. The crime of violating the Labor Standards Act due to the failure to pay wages is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, which is an offense of non-compliance with intent of the victim under Article 109(2) of the same Act, which cannot be prosecuted against the express intent of the victim under Article 109(2) of the same Act. The offense of violating the Act on the Guarantee of Workers’ Retirement Benefits due to the failure to pay wages constitutes an offense falling under Articles 44 subparag. 1 and 9 of the Labor Standards Act, and also constitutes an offense of non-compliance with intent pursuant to the proviso to

In this regard, the employees listed in the attached list of crimes expressed their wish not to prosecute the accused after the prosecution of this case was instituted as listed below, or withdrawn their wish to punish the accused.

On December 14, 2015, D 1D 2 E on December 14, 2015, the receipt of a written withdrawal of the employee’s name petition, which was March 8, 2016, F on March 8, 2016, and I on March 8, 2016, March 6, 2016, JJ on March 8, 2016, March 8, 2016, and the Defendant is dismissed pursuant to Article 37 of the Criminal Procedure Act, as the Defendant’s Criminal Procedure Act, on December 14, 2015, as the case is, on December 14, 2015, N20 on April 11, 2016, N2016.

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