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(영문) 창원지방법원거창지원 2020.09.16 2018고단70

근로기준법위반등

Text

The prosecution against the defendant is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C in Chang-gun, Chungcheongnam-gun, Chungcheongnam-gun, and is an employer who employs 25 full-time workers and engages in aggregate extraction and processing business, and has not paid KRW 20,509,92, holiday work allowances, KRW 8,182,145, annual paid leave allowances, and KRW 33,57,993,93, annual paid leave allowances, and KRW 4,865,856, annual paid leave allowances, and KRW 21,970,939, KRW 3,846,868, etc., total amount of unpaid wages of E, who worked for two workers from July 15, 2013 to October 7, 2016, and did not pay KRW 59,575,80,000 within the agreed date for the payment of retirement allowances without agreement.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) An expression of workers not to be punished after prosecution;

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