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(영문) 서울남부지방법원 2016.12.22 2016고단4172
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative director of C (main) with the 10th floor of Guro-gu Seoul Metropolitan Government building B, who is an employer who has operated a project, such as civil engineering and design, using 23 regular workers. From September 15, 2003 to May 22, 2015, the defendant is working in the above workplace.

A retired D’s total amount of wages from July 2014 to May 2015, 57,465,970 won, retirement allowances of 30,071,861 won, and working at the same workplace from August 31, 2010 to May 22, 2015.

The retired E's total amount of wages from July 2014 to May 2015 and retirement allowances of KRW 37,617,435 and retirement allowances of KRW 17,731,018 were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination of the defendant's above acts of payment of wages under Articles 109 (1) and 36 of the Labor Standards Act, and non-payment of retirement allowances under the main sentence of Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent (or against the express intent of the victim) 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 agreement submitted by the defendant to the court, the victims are recognized as having expressed their intent not to be punished against each defendant on December 20, 2016 after the institution of the prosecution of this case. Thus, each of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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