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(영문) 서울남부지방법원 2015.11.26 2015고단2092
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged in the instant case is the employer who is the representative of the C Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government. The Defendant worked for the said company from October 25, 2004 to December 1, 2014, and then retired workers D's wages and bonuses up to 19,481,760 won, retirement allowances of 27,642,020 won, and retirement allowances of 27,642,020 won, from November 15, 2010 to July 14, 2013, and retired workers E's wages of 8,629,030 won, retirement allowances of 6,58,060 won and retirement allowances of 14 days from the date of retirement without an agreement between the respective parties on the extension of the payment period.

On the other hand, the defendant's act of payment of wages and bonuses among the above acts is an offense falling under Articles 109 (1) and 36 of the Labor Standards Act and Articles 44 (1) and 9 of the Act on the Guarantee of Workers' Retirement Benefits. Under Article 109 (2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, all of the defendants can not be prosecuted against the victim's explicit intent (or against the express intent of the victim). According to each written withdrawal of complaint submitted by the defendant to this court, the victims are recognized as having expressed their intent not to be punished against the defendant on November 19, 2015, after the prosecution of this case was instituted. Accordingly, each indictment of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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

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