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(영문) 서울동부지방법원 2017.10.20 2017고단2708
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of the company B (the 5th floor, purpose, textile manufacturing and sales business, etc. of the building in Songpa-gu Seoul Metropolitan Government) who is in charge of the business operation of the above company.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 16,676,913 won in total, including 470,000 won on August 1, 2016, retired from the said workplace as from September 1, 2003 to April 10, 2017, without any agreement between the parties on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Form.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On October 13, 2017, when all damaged workers were indicted of the instant case, submission of a written withdrawal of complaint expressing the intent not to have the Defendant punished.

Dismissal of Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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