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(영문) 창원지방법원 통영지원 2017.02.08 2016고단1709
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is a full-time employee who runs a vessel processing business using approximately 90 full-time workers under the trade name of (State) D located in G (State) in Gyeongsung-gun.

A. From October 1, 2015 to May 2, 2016, the Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) did not pay the total of KRW 357,935,315 of the wages of 89 retired workers as indicated in the list of crimes in the attached Form, including KRW 433,549 on April 2, 2016, and KRW 867,097 on May 2016.

B. The Defendant violated the Workers’ Retirement Benefit Security Act, as indicated in the [Attachment 8,9, 15, 16, 18, 22, 43, 45, 48, and 52] list of offenses, including F’s retirement allowances of KRW 3,340,440, which were employed as a general affairs of the said company from around September 19, 2014 to June 15, 2016, did not pay KRW 36,90,960, total amount of 10 retirement allowances of the retired workers within 14 days from the date of each retirement without agreement on the extension of payment period between the parties concerned.

2. Grounds for dismissing the public prosecution;

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Retirement Benefits of respective workers;

B. On January 25, 2017, after the institution of the instant indictment, each of the victimized workers’ wishes to punish him/her on January 25, 2017

(c) Article 327 subparagraph 6 of the Criminal Procedure Act: Dismissal of each public prosecution;

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