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(영문) 서울중앙지방법원 2015.06.24 2015고정2268
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is the representative of C Council members in Gangnam-gu Seoul Metropolitan Government B and 2, who ordinarily employs 13 workers and engages in health business, and is working from September 5, 2013 to February 2, 2014 at the said workplace.

Retired workers D’s total wage of KRW 6 million on December 2, 2013 and January 2014, and labor from September 11, 2013 to January 27, 2014.

Workers E, who retired, work for the total amount of KRW 2.8 million on December 2, 2013 and January 2014, and for the period from September 5, 2013 to January 31, 2014.

Labor of retired workers F, 1.7 million won of wages on January 1, 2014, and from September 12, 2013 to February 2, 2014.

A retired employee G shall work for the total amount of KRW 4 million on December 2, 2013 and January 1, 2014, and for the period from August 1, 2013 to March 31, 2014.

A retired worker H’s total wage of KRW 16.5 million from August 1, 2013 to March 31, 2014 was not paid within 14 days from each retirement date without an agreement between the parties on the extension of the due date.

This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the same Act. According to the records, the facts can be acknowledged on June 10, 2015, where all the above employees have withdrawn their wish to punish the Defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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