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(영문) 창원지방법원 통영지원 2017.10.20 2017고단686
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer, who is a full-time employee, who ordinarily employs 100 full-time workers in the name of (ju) D in the city of Gyeong-nam.

From March 14, 2016 to October 31, 2016, the Defendant, while serving as the chief of the prosecutor’s office, did not pay 369,36,920 won in total for retired workers within 179 days from the date of each retirement, as stated in the list of crimes in the attached Table, as well as 5,50,000 won, of E’s wages retired from office.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

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

C. A written agreement that contains the expression of intention to not punish representative workers after the indictment of this case is submitted.

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

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