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(영문) 창원지방법원 통영지원 2016.11.28 2016고정535

근로기준법위반

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is an individual construction business operator who, without a certain trade name, has executed a new hotel construction work in C at the time of macroscoping without using 20 workers per day.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above site, has been working in a wooden manner from February 10, 2014 to January 30, 2016.

The retired E’s wage of KRW 22,140,100,000, including the amount in arrears of each individual, did not pay 31,790,000,000 for each worker within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Grounds for dismissing the public prosecution; and

(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;

B. Following the institution of the instant indictment, the injured workers expressed their intention not to punish themselves.

(c) Subparagraph 6 of Article 327 of the Criminal Procedure Act: Rejection of prosecution; and