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(영문) 창원지방법원 마산지원 2017.06.27 2017고단485
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a user who runs metal processing business as the representative of the C Co., Ltd. located in Changwon-si, Changwon-si B.

1. The Defendant, as from September 5, 2016, employed by the said company and retired on April 11, 2017, did not pay 36,428,948 won in total of the victims’ wages within 14 days from the date of his/her retirement, as stated in the details of money and valuables in the attached Table, as well as the amount of money and valuables in arrears among the victims who retired on January 1, 2017.

2. The Defendant, as from October 16, 2013, employed by the said company and worked on April 14, 2017, did not pay the total amount of KRW 27,562,208 of the victims’ retirement allowances as stated in the details of personal delayed payment, as well as KRW 4,342,489 of the victim E’s retirement allowances retired on April 14, 2017.

2. Each of the facts charged in the instant case is an offense against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

On June 2, 2017, after the institution of the instant prosecution, the victims expressed their intention not to be punished for the Defendant respectively.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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