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(영문) 창원지방법원 통영지원 2017.02.08 2016고단1922
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is an employer, who is a person in charge of the operation of the vessel vessel processing business with the trade name of 30 full-time workers within Gyeong-gun Co., Ltd. D within Gyeongsung-gun.

A. From April 1, 2015 to August 1, 2016, the Defendant violated the Labor Standards Act: (a) paid 145,037,60 won in total to the 27 retired workers, as indicated in the attached crime list, as well as 145,037,60 won in total, as indicated in the attached crime list; and (b) paid 6,487,470 won in total, which were retired from office, within 14 days from the date of each retirement without any agreement between the parties on the extension of payment period.

B. From April 1, 2015 to August 1, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers: (a) the Defendant served as a grain worker in the foregoing company from April 1, 2015 to August 1, 2016; (b) the retirement pay5,414,790 won of E’s retirement pay retired from the said company; (c) from December 15, 2014 to July 8, 2016, and (d) did not pay KRW 7,176,140 of G retirement pay; and (d) paid KRW 7,176,140 of retirement pay; and (e) the retirement pay from the date of extension of the period of retirement pay to the said company from June 9, 2015 to August 1, 2016 to the date on which he/she retired from the said company without agreement between the parties concerned; and (e) the retirement pay from the date of extension of the period of retirement pay within 257 days.

2. Judgment dismissing a public prosecution;

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Retirement Benefits of respective workers;

B. On December 21, 2016, after the institution of the instant indictment, each of the victimized workers’ wishes to punish him/her on December 21, 2016

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

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