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(영문) 창원지방법원 진주지원 2015.04.07 2015고단112
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is a business owner who operates a business leasing construction materials with six full-time workers in the name of "C" in the name of "C" at the city of Jin-si, Jin-si, and is an employer.

1. The Defendant in violation of the Labor Standards Act did not pay the annual unused allowances of KRW 1,98,240, annual unused allowances of KRW 1,836,320, and the annual unused allowances of KRW 598,80,00 from May 12, 2010 to November 1, 2013 at the same place of business as an employee, within 14 days from the date of retirement of an employee, who was the date when the cause for payment occurred, without any agreement between the parties to the extension of the payment period.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the retirement allowances of KRW 6,067,979 and E retirement allowances of KRW 4,80,122 as stated in paragraph (1) within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without any agreement between the parties concerned as to extension of

Each of the facts charged in this case is an offense falling under Article 109(1) of the Labor Standards Act and the main sentence of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the facts charged as stated in paragraph (1)), and cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. Since the victims expressed their intention not to prosecute the Defendant on March 2, 2015, the date the instant prosecution was instituted, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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