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(영문) 창원지방법원 통영지원 2016.07.06 2016고단443 (1)
근로기준법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who ordinarily worked in B through C with the trade name of 40 full-time workers employed by the immediate upper contractor (main contractor) and subcontracted the block production from D, and where a worker dies or retires, the Defendant paid wages, compensations, retirement allowances, and all other money and valuables within 14 days from the time when the cause for payment occurred. However, the Defendant did not pay 157,32,490 won, including wages of 33 workers, including wages, etc., total of 157,32,490 won, including wages, etc., of 33 workers, as in the attached crime list (1) of the attached crime list, without an agreement on the extension of the payment period between the parties.

2. Grounds for dismissing the public prosecution;

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

B. The entire victimized workers are not subject to punishment after the prosecution of the instant case.

(c) Article 327 subparagraph 6 of the Criminal Procedure Act: Dismissal of each public prosecution;

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