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(영문) 서울남부지방법원 2016.06.16 2015고정2497
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user who engages in the printing business of magazines using 18 full-time workers as C representative in Yangcheon-gu Seoul, Yangcheon-gu, Seoul.

From March 5, 2013 to January 5, 2015, the Defendant did not pay the total amount of KRW 351,573 won in the wage balance in November, 11, 2014, the total amount of wages of KRW 2,346,614 in January, 2015, the total amount of wages of KRW 2,346,614 in the year 202,965 in retirement pay, retirement pay of KRW 2,259,360 in the year 2014, total amount of overdue payment of KRW 4,908,939 in the year 2014, without agreement on extension of the due date for payment of KRW 4,908,939 in the year 2014.

2. Determination and conclusion of the facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and are not prosecuted against the victim’s express intent under the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

Since the victim expressed his intention not to be punished against the defendant in this court after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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