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(영문) 서울동부지방법원 2015.07.15 2014고정1358
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a business operator who runs a service business using ten full-time workers as the representative of Seongdong-gu Seoul Metropolitan Government Co., Ltd. D with the second and second floors.

The Defendant is working in the foregoing workplace from November 30, 2012 to November 30, 2013.

Wages E of retired workers, including 4,971,561 won, did not pay 3,085,427 won in total, including 33,085,427 won in arrears, within 14 days from the date of retirement, as stated in the detailed statement of the money and valuables in arrears.

2. In light of the judgment, the facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against each victim’s explicit intent.

According to the records of this case, since the nine workers stated in the facts charged on May 1, 2015 and June 17, 2015, after the prosecution of this case, have withdrawn their wish to punish the defendant, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure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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