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(영문) 서울북부지방법원 2020.03.27 2019고정1475
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the C representative Co., Ltd. in the Jung-gu Seoul Metropolitan Government, who runs a service business using ten full-time workers.

Defendant is working in the above workplace as indicated in the following table:

Wages and retirement allowances for three retired workers have not been paid within 14 days from the date of payment without an agreement between the parties on the extension of the due date.

Wage retirement pay for the period of service of workers 1 D from May 1, 2016 to April 30, 2019: (a) wage of KRW 2,270,270,000 for the period of April 1, 2019; (b) wage of KRW 6,739,88 won 2 E from January 1, 2019 to May 3, 2019; (c) wage of KRW 3,500,000 for the period of service of workers 2,570,000 for April 1, 2019; and (d) wage of KRW 45,00 for the period of May 1, 2019 to KRW 3,50 for the period of service of workers; and (d) wage of KRW 6,50,000 for the period of April 30, 2019; and (d) wage of KRW 365,000 for the period of service;

2. Each of the above facts charged can not be prosecuted against the victim’s explicit 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 records, each of the above workers, the victim, expressed his/her intent not to prosecute the defendant after the prosecution of this case or withdrawn his/her previous wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6

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