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(영문) 창원지방법원 통영지원 2015.09.11 2014고단1175
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. C Co., Ltd. related to the Defendant is an employer who ordinarily employs 70 full-time workers in the name of “C Co., Ltd.” in the business place E located in Gyeongnam-si from October 2012 to April 2014, and operates vessel processing.

In addition, the Defendant did not pay KRW 2,584,880 as wages of March 2014 of the retired worker F while working in the said workplace from around October 31, 2013 to April 1, 2014, and did not pay KRW 160,089,362 as stated in attached Table 1, within 14 days from the date of retirement, as shown in attached Table 1.

B. G-related Defendant is an employer who operates vessel processing using 40 full-time workers under the trade name of “G” in the E-workplace located in Gyeongnam-si, Inc., Ltd. from May 2014 to June 2014.

In addition, the Defendant did not pay KRW 478,00 for the wages of May 1, 2014 of his retired worker H who had worked from around May 1, 2014 to June 15, 2014 at the said workplace, and did not pay KRW 13,376,476 of the total wages of 13 workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned, as shown in the attached crime list 2.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Expression of intention not to punish: On August 25, 2015, which was submitted after the institution of public prosecution of this case;

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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