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(영문) 창원지방법원 통영지원 2016.02.18 2015고단1017
근로기준법위반
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Facts charged;

A. Defendant A is an employer who ordinarily employs 16 workers as a representative director of (ju) D in the oak-si, and operates the ship pipe washing business.

From October 1, 2014 to May 15, 2015, the Defendant did not pay 65,239,743 won, including 4,500,000 won on April 4, 2015 of workers E, who worked in general at the said workplace, as well as 65,239,743 won, in total, of workers 16 wages, within 14 days from the date of retirement, as stated in the detailed statement of money and valuables in arrears by each individual.

B. Defendant B is a direct contractor who subcontracted the ship pipeline washing services to F at the time of occination to the representative director of (ju)G.

The Defendant failed to pay the contract amount by the payment date specified in the contract for work without justifiable grounds, and prevented the Defendant from paying the total of 65,239,743 won to 65,239,743 won as wages of 16 workers in sewage as shown in the preceding paragraph.

2. Determination

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

B. After the prosecution of this case, the victims expressed their intention not to punish the Defendants.

(c) Dismissal of public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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