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(영문) 창원지방법원 통영지원 2017.02.15 2016고단1900
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 the electric power construction business, who ordinarily employs more than 240 workers in the trade name of (State) D within C (State) located within B at the time of the charge.

If a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, but the defendant shall be from May 15, 2015 to the same year at the workplace.

6. E’s 2,220,90 won in June 6, 2016, which was worked as a partner of the partnership until 30.30, was not paid respectively within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as stated in the attached money and valuables in arrears, including KRW 217,680,83 of the retirement worker’s total amount of wages, as well as KRW 118.

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(c) Expression of intention not to punish: Withdrawal of the complaint withdrawn on February 7, 2017, which was after the institution of this case was indicted;

D. Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.

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