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(영문) 서울서부지방법원 2015.06.04 2015고단1023
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of Mapo-gu Seoul Metropolitan Government Company C, is an employer who runs software development business using five full-time workers.

The Defendant had worked from June 1, 2014 to August 31, 2014 at the same place of business, and had not paid KRW 11,949,90 in total, including the amount of wages of KRW 3,983,300 in June 2014, as well as the amount of KRW 11,949,90, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Declaration of non-existence of punishment: The withdrawal of a complaint filed on January 16, 2015, which was subsequent to the institution of public prosecution of this case;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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