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(영문) 창원지방법원 통영지원 2017.08.30 2017고단320
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who is a person in charge of the operation of a vessel, who ordinarily employs 13 full-time workers under the trade name “D” located within B at the time of the instant indictment.

The Defendant did not pay 58,178,000 won in total, including 2,50,000 won in around August 201, 2016, when he/she worked at the said workplace from around December 1, 2015 to August 31, 2016, within 14 days from the date of retirement without agreement on the extension of payment date between the parties, as shown in the list of crimes in attached Form 12.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

C. After the prosecution of the instant case, a written withdrawal of a petition containing the expression of non-existence of punishment for the victimized workers is submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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