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(영문) 창원지방법원 통영지원 2016.03.17 2015고단1000

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant ordinarily employs 220 workers under the trade name “D” in Ulsan-gu, Ulsan-gu, U.S.A. and runs the business of manufacturing vessel components.

The defendant worked in the above workplace from August 22, 2013 to October 31, 2014 at the above workplace, and the retired worker E did not pay 808,039,814 won, including the total of 1,818,250 won of wages and retirement allowances and 3,632,250 won of retirement allowances and 5,450 won of retirement allowances on October 2, 2014, within 14 days from each retirement date without any agreement by the parties on the extension of payment date.

2. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act; the main text of Article 44(1) and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

C. After the prosecution of this case, the representative E, who was granted individual authorization from each worker listed in the separate sheet, after the prosecution of this case, expresses his intention not to punish the defendant.

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