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(영문) 서울서부지방법원 2016.04.28 2015고단1955
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who employs four full-time workers in Yongsan-gu Seoul Metropolitan Government and operates D Co., Ltd.

Defendant 5,260,09 won and retirement allowance 6,024,944 won and retirement allowance 55,260,099 won from September 17, 2013 to December 20, 2014, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline between the parties.

In addition, the Defendant did not pay the total amount of KRW 157,261,883 of the wages and retirement allowances of three workers retired while serving in the company as shown in the attached list of crimes committed by the Defendant, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, each of the workers on the list of crimes, after instituting the instant prosecution, expressed his/her intention not to be punished by the Defendant to this court. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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