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(영문) 창원지방법원 마산지원 2018.12.14 2018고단1039
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the Haan-gun B and C (State) 102, is an employer who ordinarily employs ten workers and operates painting business.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 44,81,670, total amount of six workers’ wages within 14 days from each retirement date without an agreement on the extension of payment date between the parties concerned, as stated in the detailed statement of money and valuables in arrears in the attached Form, including KRW 1,706,670, June 2018 of retired workers D, when he/she worked in the said workplace from August 3, 2015 to July 31, 2018.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 33,808,455, including KRW 9,387,170 of the said D’s retirement pay at the said workplace and KRW 33,808,455 of the total amount of retirement pay for each worker within 14 days from the date of each retirement without agreement on the extension of payment due date between the parties

2. Determination

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

(b) An expression of intent that the workers do not want the punishment against the defendant after prosecution.

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;

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