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(영문) 창원지방법원 통영지원 2016.11.23 2016고단1082
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is the representative director of (ju)D in Si, Gyeong-nam, Gyeong-si, who is an employer as a person in charge of the operation of the vessel processing business with 130 full-time workers.

The Defendant in violation of the Labor Standards Act, from December 15, 2014 to April 30, 2016, did not pay KRW 10,976,00,00 of the retirement worker’s wages, as stated in the attached list of crimes, as well as KRW 697,624,521, in total, for 124 of the retirement worker’s wages, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned.

B. From December 15, 2014 to April 30, 2016, the Defendant violated the Act on the Guarantee of Workers' Retirement Benefits did not pay the retirement allowances of KRW 67,112,882, as shown in the attached Table Nos. 10, 13, 15, 20, 21, 29, 21, 31, 70, 72, 78, 81, 82, 82, 123, and 124, including the retirement allowances of KRW 4,82,882, which were retired from office, within 14 days from the date of each retirement without an agreement on the extension of the payment date between the parties.

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. On November 16, 2016, after the institution of the instant prosecution, the entire victimized workers expressed their intention not to punish the Defendant.

(c).

Article 327 subparagraph 6 of the Criminal Procedure Act: Rejection of public prosecution

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