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(영문) 광주지방법원 목포지원 2013.09.27 2013고단859
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, in the facts charged of the instant case, run a vessel bu C by using 30 full-time workers in Yong-nam Cancer B.

From January 1, 201 to August 31, 2012, the Defendant did not pay KRW 10,800,71,970 to 26 workers, including the total amount of KRW 3,600,000 for June 6, 2012, and KRW 3,600,00 for July 201, and KRW 3,600 for August 2012, and KRW 5,71,970 for retirement allowances and KRW 5,71,970 for retirement allowances within 14 days from the date of retirement, as indicated in the attached list of crimes, to 26 workers, including the amount of KRW 159,815,820 for wages and retirement allowances, within 14 days from the date of retirement.

2. Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victims expressed their intention not to punish the Defendant after the prosecution of this case. Thus, each of the facts charged in this case is dismissed pursuant to Article 327 subparag. 6

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