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(영문) 창원지방법원 통영지원 2017.02.09 2016고단1336
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged: (a) The Defendant is a business owner who runs a vessel processing business, employing 100 full-time workers as a representative in D Co., Ltd. located in Gyeongnam-si, Gyeongnam-si, by employing 100 full-time workers in D Co., Ltd.

The defendant worked as the head of the inspection team from February 6, 2013 to May 2, 2016 at the same place of business and did not pay KRW 60,627,05,05, including KRW 573,735,00 of the retired worker F, and KRW 14,841,707,00,00 of the retired worker F, within 14 days from the date of each retirement without agreement between the parties on the extension of the payment date, as stated in the statement of the money and valuables in the attached Form, including KRW 11,718,773,773, and KRW 48,908,232.

B. The Defendant, “2016 Highest 1757,” was an employer, who is a person in charge of the operation of a vessel processing business with 30 full-time workers in theJ located in Gyeong-gun G, Chungcheongnam-si, G, and Y.

Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the reason for such payment occurred, but the Defendant was employed as the piping hole on August 7, 2014 and did not pay KRW 4,839,114 of the retirement allowance of the retired employee K on January 1, 2016 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

(c)

The defendant of "2016 Highest 1986" is a business owner who runs a vessel processing business as a representative in D Co., Ltd. located in Gyeongnam-si, Gyeongnam-si.

From August 13, 2013 to September 1, 2016, the Defendant had worked in pipes workplace at the said workplace, and had not paid KRW 43,16,189,189, including KRW 12,850,050, and retirement pay of KRW 12,850,050 on August 8, 2016 of the retired workers L, as stated in the list of crimes in the attached Table, including the three employees’ three wages, including KRW 9,348,00 and KRW 33,818,18,189, including the total amount of KRW 33,818,189, and the total amount of five employees’ retirement pay, within 14 days from each retirement date without any agreement between the parties on the extension of the payment date.

2. Determination and conclusion

(a) the applicable legal provisions;

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