logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.05.23 2017고단172
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant ordinarily employs 150 full-time workers in the name of F Co., Ltd. within the E located in Gyeongsung-gun, Chungcheongnam-gun.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 1,299,76,310 of the total wages of 141 retired workers within 14 days from the date of each retirement without any agreement on the extension of payment deadline between the parties concerned, as shown in the list of crimes attached hereto, as well as KRW 6,18,636 of G wages retired from office, while serving as a general manager at the above company from July 1, 2015 to September 30, 2016.

2. From July 1, 2015 to September 30, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers and did not pay 12,981,687 won, including 2,476,737 won of G retirement allowances retired from the said company as a general duty, within 14 days from the date of each retirement without any agreement between the parties on the extension of payment period, as stated in the list of crimes in the attached crime list.

2. The facts charged in the instant case are the crimes falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and are not prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records of this case, it can be recognized that each written withdrawal of a complaint from the victimized workers was submitted to the effect that the victimized workers do not want to be punished against the Defendant on April 18, 2017, which was after the institution of public prosecution. Thus, all of the instant public prosecutions are dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow