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(영문) 서울남부지방법원 2015.07.16 2015고단2078
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant, as the representative director of Geumcheon-gu Seoul Metropolitan Government, was engaged in software development business by using seven full-time workers. However, the Defendant did not pay KRW 43,980,461 in total, including the wages, retirement allowances, etc. of three retired workers, within 14 days from the date of each retirement without agreement on extension of the due date, as indicated in the separate crime list, as stated in the aforementioned business establishment from June 24, 2013 to February 14, 2014.

However, under Articles 109(1) and 36 of the Labor Standards Act and Articles 44(1)1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, the Defendant’s act of payment of wages among the above acts is an offense falling under Article 109(1) and Article 44(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the express will of the victim (or against the express will of the victim). According to each written withdrawal signed by the victims of this case and submitted to the court on July 6, 2015, the victims of this case are recognized as having expressed their intent not to be punished against the Defendant on June 22, 2015, and thus the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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