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(영문) 서울서부지방법원 2018.06.22 2018고단124
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. On January 11, 2018, the Defendant was sentenced to a suspended sentence of two years for embezzlement at the Seoul Western District Court on October 10, 201 and the said judgment became final and conclusive on the 19th day of the same month.

Defendant is an employer who has been engaged in restaurant business with 10 full-time workers as an actual manager of corporation D (E) located in the Dong-gu Busan Metropolitan City, Manyang-si.

A. The Defendant violated the Labor Standards Act did not pay wages, etc. within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, as stated in the list of offenses attached to the above workplace.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay retirement allowances within 14 days from the date of retirement without agreement between the parties to the extension of the payment date, such as the number of offenses Nos. 5 and 14 in the foregoing workplace.

2. Violation of the Labor Standards Act on the grounds of dismissal of the public prosecution, and violation of the Act on the Guarantee of Retirement Benefits for Workers Unpaid from Retirement Benefits cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits). Since workers submitted each document containing their intent not to be punished by the Defendant after the prosecution of the instant case, the public prosecution of the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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