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(영문) 서울동부지방법원 2014.08.22 2014고정954
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Songpa-gu Seoul Metropolitan Government C Co., Ltd. located in Songpa-gu, is an employer who runs real estate business with three full-time workers.

The Defendant in violation of the Labor Standards Act did not pay KRW 21,044,840 in total of the victim D and E wages, and KRW 147,90 in other money and valuables within 14 days from the date of retirement, which is the date of occurrence of each cause for payment, without any agreement between the parties on extension of each payment.

B. The Defendant violated the Guarantee of Workers' Retirement Benefits Act did not pay 4,525,750 won in total among the victims D and E retirement allowances as shown in the attached list of crimes, within 14 days from the date of retirement, which is the date on which each cause for payment occurred, without any agreement between the parties on extension of the respective payment dates.

2. The facts charged in the instant case are crimes falling 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, and cannot be prosecuted against the victim’s express intent under 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, each of the victims’ written applications for non-guilty punishment, which expressed his intention not to punish the Defendant on August 21, 2014 after the institution of the instant indictment, can be acknowledged to have been submitted to the court. Accordingly, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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