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(영문) 창원지방법원 통영지원 2016.12.21 2016고단1503
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who is a person in charge of operating a construction business with ten full-time workers at the construction site of a new apartment unit in Daegu-gu, Daegu-gu, the main office of the Defendant is located at the construction site of a new apartment unit.

Although an employer in violation of the Labor Standards Act pays wages, compensations, and other money and valuables within 14 days from the time when the ground for payment occurred when a worker dies or retires, the Defendant joined the construction site on May 27, 2014 and worked as the site manager on January 1, 2016, and the Defendant did not pay the total of KRW 23,60,000,000 for the wages in arrears of three workers as shown in the annexed crime list, including KRW 4,50,000, as well as KRW 23,60,000 for the wages in arrears of three workers, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

B. An employer in violation of the Guarantee of Workers' Retirement Benefits Act has paid retirement allowances within 14 days from the date of the occurrence of the reason for the payment thereof, but the Defendant was employed as an on-site manager on May 27, 2014 at the above construction site and served as an on-site manager on January 1, 2016, and the Defendant did not pay the total of KRW 12,487,701 as well as KRW 12,487,701 of the retirement allowances of two workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as in the attached crime list.

2. Grounds for dismissing the public prosecution; and

(a) Crimes of non-compliance: Article 109(2) of each Labor Standards Act, proviso to Article 44 of each Act on Guarantee of Workers' Retirement Benefits;

B. The motion of each of the victimized workers after the prosecution of the instant case was instituted

(c) Subparagraph 6 of Article 327 of the Criminal Procedure Act: Rejection of prosecution; and

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