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(영문) 서울서부지방법원 2015.06.10 2015고단695
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person who has run an advertising agent C, employing nine full-time workers on the third floor of the Mapo-gu Seoul Metropolitan Government building B.

The Defendant worked in the foregoing company from December 1, 2013 to July 31, 2014, while retired workers D’s wages of 1,80,06,965 won for May 2014, and wages of 1,80,000,000 won for June, 2014, and wages of 1,80,000,000 won for July, 2014, did not pay 4,606,965 won within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned, and did not pay 64,512,771 won for total wages of 9 workers who retired from the said company as stated in the attached list of crimes.

2. Determination

(a) A violation of the Labor Standards Act (Articles 109(1) and 36 of the Labor Standards Act): A crime of failing to punish any person in violation of Article 109(2) of the Labor Standards Act;

B. The victims withdrawn their intent to punish the Defendant on April 13, 2015, after the prosecution of the instant case was instituted.

(c) Public prosecution dismissal: Article 326 subparagraph 6 of the Criminal Procedure Act;

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