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(영문) 창원지방법원 진주지원 2013.08.28 2013고단666
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant ordinarily employs 30 or more workers in the name of “D” in the territory of Sacheon-si, Gyeongcheon-si. A. The Defendant is an employer who runs the vessel block assembly business.

The Defendant in violation of the Labor Standards Act, as well as the wage of KRW 3,177,50 on January 1, 2013, 2013, in which he/she worked in contact with the said workplace from December 4, 2012 to February 28, 2013, did not pay KRW 187,322,726 on the total amount of wages of 30 retired workers within 14 days from the date of each individual’s retirement, as stated in the details of the money and valuables in arrears attached hereto.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits in the above workplace, including F retirement allowance of KRW 9,431,507, which served as quality inspection personnel from February 1, 201 to March 6, 2013, as well as KRW 39,139,042, including the details of the money in arrears in the attached Form, did not pay each of the retirement allowances of five retired workers within 14 days from the date of individual retirement without any agreement between the parties to the extension of the due date.

2. Of the facts charged on the market, each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. The non-payment of each of the retirement allowances is a crime falling under Articles 44 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and each of the crimes cannot be prosecuted against the employee’s express intent under the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the court can find the fact that the entire employees of the instant case had withdrawn their wish to punish the Defendant on July 16, 2013, since all of the employees of the instant case, the prosecution of the instant case is dismissed pursuant to Article 327

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