beta
(영문) 창원지방법원 진주지원 2013.10.15 2013고단962

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who receives re-subcontracts for vessel repair from SP shipbuilding B, a intra-corporate partner, and ordinarily employs 16 full-time workers from SPP shipbuilding, using the trade name of SPP shipbuilding D from SP C to D.

The Defendant, at the above business entity from February 19, 2013 to May 4, 2013, worked as an adjoining business entity, did not pay the total of 85,330,00 won for the retired worker within 14 days from the date of each individual’s retirement without any agreement between the parties to the extension of the payment deadline, including the total of 3,573,868 won for April 3, 2016, the total of 3,573,868 won for May 3, 2013, and the total of 6,704,00 won for May 365, 200.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to each of the statements in the witness F's statement and each statement in the withdrawal letter of complaint filed in the trial records, it is recognized that all victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.