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(영문) 창원지방법원 마산지원 2016.03.18 2016고정101
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who is a representative of the “C” in the Haan-gun B, Haan-gun, who ordinarily employs 30 workers and operates the manufacturing business of automobile parts.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

However, the Defendant did not pay the total amount of KRW 1,759,90 for June 1, 2015, wage of KRW 1,258,290 for retired workers D, wages of KRW 859,320 for August 2015, the total amount of KRW 4,132,79,795, and KRW 25,285 for September 17, 2015, from around September 17, 2015 to around September 5, 2015, KRW 4,132,795, and KRW 1,75, and KRW 1,75, and KRW 45, and KRW 1,65,00 for retirement workers during the period from around January 17, 2015 to around September 5, 2015, KRW 1,70 for five years, 205, KRW 15,75,615,685,615,75,75,205,7.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

According to the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on March 18, 2016, which was after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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