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(영문) 창원지방법원 통영지원 2017.01.19 2016고단1798
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who is a full-time worker of 140 full-time worker in the name of C in the Joseon Ocean Co., Ltd. at the time of Gyeongnam-si and operates a vessel processing business.

1. The Defendant violated the Labor Standards Act: (a) on January 1, 2010 to July 31, 2016, when he/she served as a person of thought and injury in the said company; (b) on July 7, 2016, he/she retired from office, the Defendant did not pay KRW 149,324,000 for the total wages of 70 retired workers within 14 days from the date of each retirement without any agreement on the extension of the payment period between the parties, as stated in the attached list of crimes.

2. From January 1, 2010 to July 31, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers and did not pay KRW 278,363,912 as retirement allowances of 72 retired workers, including KRW 6,606,182 of the D retirement allowances retired from the said company, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned, as stated in the list of crimes in the attached Table.

2. Determination and conclusion

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Submission of a letter of complaint to the effect that the workers of the Navy do not want punishment against the defendant (or the receipt of the court on January 5, 2017);

D. Judgment dismissing 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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