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(영문) 창원지방법원 마산지원 2017.05.23 2017고단170

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

Summary of Facts charged

1. The Defendant, as an employer who operates the automobile parts manufacturing business under the trade name B from Haan-gun B, Gyeongnam-gun, and was employed on March 10, 2016, and worked on May 17, 2016, and was retired on May 17, 2016, the Defendant failed to pay the total of KRW 11,000,000 for the victims’ wages, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement without agreement on the extension of payment period between the parties.

2. The Defendant, as an employer who is employed from May 21, 2012 as an employer who operates automobile parts manufacturing business under the trade name in Haban-gun B from Haban-gun B, and was employed on July 31, 2013, and did not pay the total amount of KRW 19,208,060 of the victims’ retirement allowances as indicated in the separate crime list, including KRW 2,928,08,080, as stated in the separate crime list, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

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 May 11, 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.