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(영문) 서울동부지방법원 2016.01.15 2015고단3614
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs eight full-time workers on the second floor of the Seocho-gu Seoul Metropolitan Government C building and operates Da, Inc., a lighting chain company.

The defendant did not pay the total amount of wages of 3,615,190 won in December 2, 2004, 2012, wages of 2,903,343 won in August 2013, wages of 769,513, wages of 2,959,113 won in October 2, 2013, 858,83 won in November 2, 2013, 2,941,053 won in December 2, 2014, wages of 2,941,053 won in December 2, 2014, wages of 2,98,513 won in January 2, 2014, wages of 503,063, retirement allowances of 2,57, 2017, 186, 375, 286, 167, 257, 2014.

2. Article 109(2) of the Act on the Standards of Employment provides that an employer may not institute a public prosecution against the explicit intent of the victim if the employer fails to pay the employee any money or valuables, such as wages, within 14 days after his/her retirement.

The proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits provides that if an employer fails to pay a retirement allowance, a public prosecution may not be instituted against the explicit will of the victim.

According to the records, it can be acknowledged that E, after institution of the instant prosecution, expresses his/her intention that he/she does not want to punish the defendant.

Therefore, 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.

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