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(영문) 창원지방법원 마산지원 2017.10.10 2017고단738

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the user who operates the steel structure manufacturing business as the representative of C Co., Ltd. located in Haan-gun, Gyeongnam-gun.

A. As from June 1, 2015, the Defendant was employed by the Defendant and worked as a production management unit in C in a stock company. On December 16, 2016, the Defendant did not pay KRW 27,989,172, a sum of KRW 3,014,634 of the victim D’s wages on November 1, 2016, which was retired on December 16, 2016, including KRW 97,047,047, wage of December 2016, and KRW 3,014,634 of the victim’s wages on December 12, 2016, as indicated in the detailed statement of payment in arrears by each individual, within 14 days from the date of retirement without agreement

B. As from June 1, 2015, the Defendant was employed by the Defendant and worked in C, and was retired on December 16, 2016, the Defendant did not pay KRW 18,462,387, including KRW 3,354,423 of the victim D retirement pay retired on December 16, 2016, in total, 18,462,387, as indicated in the statement of the money and valuables in arrears by each individual.

2. Each of the facts charged in the instant case is an offense against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

On September 27, 2017, after the institution of the instant prosecution, the victims expressed their intention not to have the Defendant punished.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.