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(영문) 창원지방법원 통영지원 2016.11.02 2016고단716
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who runs a vessel processing business using 160 full-time workers under the trade name of (160) D in the name of (State) C (State) in Gyeongnam-si.

From July 21, 2015, the Defendant violated the Labor Standards Act, as well as KRW 1,534,120 of the E’s wages retired on September 1, 2015, and did not pay KRW 423,464,172 of the total wages of 149 retired workers within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties concerned, as shown in the attached list of crimes (excluding No. 83,131 annually).

B. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act, from October 11, 201, served as a painting with the said company from around October 201, and did not pay KRW 524,518,112, including KRW 8,768,746, which was retired on September 1, 2015, within 14 days from each date of retirement without agreement between the parties on the extension of the due date for payment, as indicated in the attached list of crimes (excluding No. 94 to 98, a year), as well as KRW 8,768,746, which was retired from the said company.

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. After the prosecution of the instant case was instituted, all the victimized workers expressed their intention to not be punished.

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

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