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(영문) 서울서부지방법원 2015.11.06 2015고정1351
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is a manager of D in Eunpyeong-gu Seoul Metropolitan Government 1st floor and runs food business with eight regular workers. A.

The Defendant in violation of the Labor Standards Act did not pay KRW 548,380 of the E’s wages in January 2015, which he/she worked at the above workplace from October 6, 2014 to January 10, 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 1,872,300 of the E’s retirement allowances, which he worked as the same as the preceding paragraph, within 14 days from the date of retirement, without agreement between the parties

2. The judgment is the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it is recognized that the above worker has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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