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(영문) 창원지방법원 진주지원 2014.04.16 2014고단180
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who ordinarily employs 10 workers under the trade name of “C stock company” in Jinju-si, Jinju-si, and operates a manufacturing business (the original part of the industrial spawn site).

1. From October 15, 2007 to December 31, 2013, the Defendant did not pay KRW 10,126,80,00 each month’s monthly wage of KRW 2,550,240, bonuses of KRW 1,500,00, annual unused allowances of KRW 976,080, which were worked as a factory site from October 15, 2007 to December 31, 2013, including that the Defendant did not pay KRW 38,268,480, total amount of wages, annual unused allowances of KRW 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. The Defendant did not pay KRW 19,836,70 of the D retirement pay of KRW 19,836,700 as stated in paragraph (1) and did not pay KRW 96,306,540 in total for nine employees within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, 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, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since a written withdrawal of a complaint was submitted on April 1, 2014, which was the date of the instant indictment, stating that the victims do not want the Defendant’s punishment, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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