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(영문) 서울중앙지방법원 2020.03.17 2019고단7463
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who operates and runs a hotel business located in Gwanak-gu in Seoul Special Metropolitan City. The Defendant did not pay 7,103,177, and 10,181,096, and retirement allowances of 10,181,096, and retirement allowances of 601,040 and retirement allowances of 1,505,956, including E’s wages, who worked for the period from March 15, 2013 to May 22, 2018, to 601,040 and retirement allowances of 1,505,956, and from January 17, 2012 to July 31, 2018; the Defendant did not pay the total amount of wages, etc. of 29,859,587 and retirement allowances, 1086, 704, 106, 2015 to 37,2017.

2. Determination is a crime 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written application for no punishment filed in the trial records of this case, the fact that workers D, E, G, and F withdrawn their wish to punish the Defendant on February 13, 2020 after the instant indictment.

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

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