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(영문) 창원지방법원 통영지원 2016.07.22 2016고정269
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, employing 16 full-time workers under the trade name of D at the time of d at the time of a show of facts charged.

When a worker retires, an employer shall pay wages, compensations, and other money and valuables within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, the defendant did not pay 1,201,00 won of E's wages of June 28, 2015 to the above workplace and retired on June 28, 2015 without any agreement between the parties on the extension of the payment date, within 14 days from the date of the occurrence of the payment cause, and did not pay 38,338,00 won in total for 12 workers, as shown in the current status of unpaid money and valuables for employees retired in attached Form D, within 14 days from the date of occurrence of the payment cause without any agreement on the extension of payment date between the parties.

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) Expression of intention not to punish: The withdrawal of complaint filed on June 14, 2016, which was 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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