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(영문) 창원지방법원 통영지원 2018.11.28 2018고단958
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a business owner who runs a vessel vessel processing business with the trade name of 50 full-time workers from D (State) to E in the city of Gyeongnam-si. The Defendant is a business owner who runs a vessel processing business.

A. The Defendant in violation of the Labor Standards Act did not pay KRW 16,351,372 in total, school expenses, KRW 4,311,00 in total, and KRW 116,351,372 in the number of wages in arrears in the attached Form 54, as stated in the details of the arrears in the FF retired from office by having worked from office from November 24, 2017 to April 19, 2018, within 14 days from the date of retirement without agreement on extension of the payment date between the parties concerned.

B. The Defendant violated the Guarantee of Retirement Benefits for Workers did not pay KRW 81,842,796, total sum of 40 retirement allowances of 40 employees, as stated in the attached Form, as well as KRW 2,299,501 of G retirement allowances retired from employment from July 16, 2016 to April 19, 2018, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 (1) of the Guarantee of Workers' Retirement Benefits Act;

C. After the prosecution of this case, a letter of withdrawal of complaint containing the expression of non-existence of punishment for victimized workers is submitted.

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

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