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(영문) 서울동부지방법원 2015.03.23 2015고단260
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative director of the corporation C located in Gangdong-gu Seoul Metropolitan Government, who employs six full-time workers and operates the model manufacturing business for exhibition. The defendant works from August 1, 2012 to July 31, 2014 at the above place of business.

The total amount of wages of retired workers D and retirement allowances of KRW 6,283,550 and retirement allowances of KRW 3,236,120 were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment.

Judgment

The facts charged in this case constitute an offense 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 the statement on the withdrawal of the petition filed in the record, the fact that the victim withdraws the petition against the defendant after the institution of the prosecution of this case and does not want to punish the defendant can be recognized.

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

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