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(영문) 창원지방법원 진주지원 2015.07.16 2014고정485
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant, as the representative director of C in Jinju, employed four full-time workers and runs a construction business.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 950,00,00, which was worked as a seat soldier from January 2, 2014 to January 18, 2014 at the site of an application office E branch office of the original district public prosecutor’s office located in D performed by the foregoing company, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment deadline.

2. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 4,345,400 of G retirement allowances, which he/she had worked in accounting from January 25, 2010 to April 12, 2014, within 14 days from the date of retirement, which is the date of occurrence of reasons for payment, without agreement between the parties to the extension of payment.

However, each of the facts charged in this case is an offense falling under Article 109(1) of the Labor Standards Act (the facts charged as stated in paragraph (1)), the main sentence of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the facts charged as stated in paragraph (2)) and Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victim G expressed each intent not to punish the Defendant on March 19, 2015, and the victim F expressed his wish not to punish the Defendant on March 19, 2015. Thus, the prosecution of this case is dismissed in accordance with Article

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