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(영문) 서울동부지방법원 2014.05.15 2014고단836
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the representative of Seongdong-gu Seoul, Seongdong-gu and the second-story, who is an employer who runs manufacturing and wholesale and retail business using ten full-time workers.

The Defendant did not pay D’s wages of KRW 16,654,39, retirement allowances of KRW 4,301,460, working in the same workplace from April 14, 201 to January 25, 2013, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the payment due date, and did not pay two workers’ wages of KRW 24,269,725, retirement allowances of KRW 11,758,097, which is the date of the occurrence of the cause for payment, within 14 days from the date of retirement, as shown in the attached crime list.

2. 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 Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against each victim’s explicit intent. According to the records, the victim D and E may be recognized as having expressed their wish not to punish the Defendant on March 21, 2014, after the institution of the instant public prosecution. Thus, the instant public prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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