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(영문) 창원지방법원 2016.04.19 2016고단182
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director, who is located at the window B of Gyeong-si, Changwon-si, Chungcheongnam-si, who runs a manufacturing business using 20 full-time workers

From November 1, 2012 to February 28, 2015, the Defendant did not pay 14,739,809 won, including the total amount of wages of 1,517,500 won in December 2013, 2013, 831,320 won in annual settled settlement refund on December 2013, 2014, 1,712,520 won in annual unpaid pay, 3,126,66 won in annual unpaid pay, and the total amount of wages of 7,18,06 won in retirement pay and retirement pay 7,51,809 won in total within 14,739,80 from the date of retirement without agreement on the extension of the payment date between the parties, and did not pay 14,736,676,6765,675,67,675,67,5700 won in annual period of retirement pay from the date of retirement to the parties.

2. We examine the judgment. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express will of the person working under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The records reveal that the victimized worker D and E expressed their intent not to punish the Defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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