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(영문) 창원지방법원 2018.10.11 2018고단1920

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant employed 7 full-time workers in the name of “C” in Kimhae-si B, and operated the business of manufacturing contact equipment, and the Defendant did not pay 13,480,000 won in total, retirement allowance of 15,446,603 won in total, and 28,926,603 won in total within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as shown in the list of crimes in the attached Form, including that the Defendant did not pay 8 workers’ wages and retirement allowance of 113,653,305 won in total within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

(2) the Corporation.

In light of the records, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it is a crime falling under Articles 109 (1) and 36 of the former Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted 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. The records show the fact that the above victims expressed their wish not to punish the defendant after the indictment of this case.