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(영문) 창원지방법원 통영지원 2017.07.05 2017고단406
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer, who is a person in charge of the operation of a vessel processing business with 50 full-time workers under the trade name of (ju) D within Gyeongsung-gun, Jinsung-gun.

From November 23, 2015 to May 17, 2016, the Defendant did not pay 128,125,40 won in total of 59 retired workers, as shown in the list of crimes in the attached Table, as well as 128,125,40 won in total, of 59 retired workers, within 14 days from the date of each retirement without any agreement on the extension of payment period 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. Submission of a written withdrawal of petition containing an expression of intention not to punish all victimized workers after instituting the instant prosecution

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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