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(영문) 서울동부지방법원 2014.11.17 2014고단2738
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is C representative director of a corporation with three floors in Songpa-gu Seoul Metropolitan Government building B, who uses five regular workers and engages in the manufacturing and wholesale and retail business of clothing.

From March 3, 2014 to June 10, 2014, the Defendant did not pay KRW 18,444,43 in total, within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties concerned, including the sum of KRW 41,672,203 in total, and KRW 41,672,203 in total, for four workers, within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties concerned, as stated in the attached list of crimes, and did not pay KRW 5,553,333 in April 2, 2014, for four workers, without any agreement on the extension of the due date for payment between the parties concerned.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the victims may recognize the fact that they expressed their wish not to punish the defendant to the court on September 15, 2014 after the institution of the prosecution of each case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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