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(영문) 서울서부지방법원 2016.07.22 2015고정1504
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is an employer who employs 7 or 8 full-time workers in Mapo-gu Seoul Metropolitan Government D and operates a coffee specialty in the name of “E”.

From July 2012 to November 2014, the Defendant did not pay 41,435,459 won in total for employees, as shown in the list of crimes in the attached Table, for all seven employees, including 4,891,920 won in addition to the fixed extension allowances, extended labor allowances, night labor allowances, and wage of 4,891,920 won, such as overtime allowances, overtime labor allowances, and night labor allowances, within 14 days from the date on which the cause for payment occurred, without agreement with each employee on extension of the payment date.

2. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s clearly expressed intent pursuant to Article 109(2) of the Labor Standards Act. Since the victims after the prosecution of this case expressed their intention not to be punished, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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