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(영문) 창원지방법원 2017.11.08 2017고단1931
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant, as the representative of Da Co., Ltd. Co., Ltd. in the Gu of Changwon-si, employs 80 full-time workers and engages in the shipbuilding industry.

From December 1, 2015 to May 31, 2016, the Defendant, while serving as a worker in the workplace at the above workplace, did not pay a total of KRW 237,689,71 of the wages, etc. to retired workers, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment period between the parties.

2. Determination and conclusion are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, it is recognized that the above worker expressed his/her wish not to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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