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(영문) 창원지방법원 통영지원 2016.12.23 2016고단1649
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a person who runs a vessel processing business using approximately 90 full-time workers under the trade name of (ju) E within C at the time of a show of facts charged.

From July 1, 2015 to August 20, 2015, the Defendant, while serving as a chief of the distribution division in the foregoing company, did not pay 209,018,645 won in total of 84 retired workers within 14 days from the date of each retirement, as shown in the attached crime list, as well as 2,440,00 won, which was retired from office.

2. Determination

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

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. Expression of intention not to punish: Withdrawal of a complaint filed on December 6, 2016, which was subsequent to the institution of the instant indictment, and application for non-compliance with punishment.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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