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(영문) 서울서부지방법원 2015.12.18 2015고단873
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged in the instant case is that the Defendant, while employing six full-time workers in Eunpyeong-gu Seoul, managed D Co., Ltd., and operated E Co., Ltd. with its trade name changed from August 2, 2013.

The Defendant served in the foregoing company from October 11, 2010 to August 14, 2014, and did not pay four workers’ wages, annual paid leave allowances, and retirement allowances, including KRW 16,52,02,00,00 from January 1, 2013 to May 5, 2013, wages of KRW 28,219,350 from May 2014 to August 2012, and annual paid leave allowances from May 2010 to KRW 4,639,235, retirement allowances, and KRW 10,638,502 from August 2012, as shown in the list of crimes in the attached Form.

2. The crime of non-compliance with judgment: (a) after instituting the proviso to Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act, the employee’s withdrawal of his/her intent to punish the Defendant [in a civil lawsuit seeking payment of unpaid wages, etc. to the Defendant’s side, the Defendant’s side shall pay the amount, etc. to the employees; (b) the employee’s mediation was concluded to fully withdraw the “criminal complaint (violation of the Labor Standards Act, etc.)”; (c) insofar as the Defendant submitted the mediation protocol to the court, it is reasonable to deem that the employee’s non-compliance with punishment was legally indicated (see Supreme Court Decision 2001Do4283, Dec. 14, 201)]: Dismissal of prosecution: Article 3

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