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(영문) 창원지방법원 거창지원 2016.08.24 2016고단181

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a business operator who engages in the processing and manufacturing of agricultural and livestock products using 14 full-time workers under the trade name, i.e., “Co., Ltd. C” in Gyeong Chang-gun, Chungcheongnam-gun.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the sum of KRW 1,035,00, such as D’s paid holiday allowances from June 23, 2014 to November 29 of the same year; KRW 1,322,176, including E’s paid holiday allowances from June 23, 2014 to June 30, 2015; and KRW 1,370,967, which was employed from May 13, 2014 to December 21, 2015, respectively.

2. Determination

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

B. The employee D, E, and F expressed their intention not to punish the Defendant after the prosecution of the instant case was instituted.

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