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(영문) 창원지방법원 통영지원 2017.07.06 2017고단202
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 100 full-time workers under the trade name of E within the week D (State) located in C at the time of macroscing and operates a ship electrical construction business.

A. The Defendant violated the Labor Standards Act, from July 1, 2013 to July 31, 2016, did not pay KRW 1,609,636 of the paid-in wages of 79 retired workers within 14 days from the date of each retirement without agreement between the parties on the extension of the payment deadline, as stated in the list of crimes attached hereto, as well as KRW 1,609,636 of the paid-in wages of 79 retired workers.

B. From July 1, 2013 to July 31, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits of Workers, and the Defendant did not pay KRW 298,808,325 in total, 85 retirement allowances of retired workers, as stated in the list of crimes in the attached crimes, within 14 days from each retirement date, without any agreement between the parties on the extension of payment period.

2. Of the facts charged in the instant case, the fact that wages are unpaid is an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and the fact that retirement allowances are unpaid is an offense falling under Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act.

According to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, each of the above crimes cannot be prosecuted against the victim’s explicit intent or against the victim’s explicit intent.

However, after the prosecution of this case, a statement of withdrawal (a statement of withdrawal) was submitted to the effect that workers do not want punishment against the defendant.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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