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(영문) 창원지방법원 통영지원 2016.08.12 2016고단656
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a full-time employee with the trade name B and C from the 1st of the facts charged and is an employer who runs a vessel processing business (a vessel) with 20 full-time employees.

Where a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay 62,919,140 won, including the total amount of wages of 3,80,000 won for August 15, 2015 and the total of 4,686,660 won for September 2015 and 886,66,60 won for each worker’s delayed payment as stated in the detailed statement of the money and valuables in attached Form 21,919,140 won for each worker within 14 days from the date of each retirement without an agreement on the extension of the payment date between the parties concerned.

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) Unwritten expression of intention not to punish: On July 20, 2016, which was submitted after the institution of public prosecution of this case;

D. Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.

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