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(영문) 창원지방법원 2019.10.24 2019고정403

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative director of a corporation established for the purpose of alcoholic beverage wholesale business using ten full-time workers under the trade name called Seongdong-gu C Co., Ltd. located in Changwon-gu, Changwon-si.

The Defendant is running business from August 2, 2010 to February 13, 2019 at the same place of business.

6,274,236 won and retirement allowance 23,195,460 won in total, including 1,289,370 won in February 201, bonuses 591,80 won in annual leave allowance, 2,642,276 won in year-end year-end settlement refund, and 1,750,790 won in total, and 6,274,236 won in annual leave allowance, and retirement allowance 23,195,460 won in year-end 2019, without any agreement between the parties on the extension of payment period

2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, since the victim worker D withdraws his wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.