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(영문) 창원지방법원 통영지원 2016.06.10 2016고단375
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative of C in the 3370-year shipbuilding sea (ju) with a 3370-time worker, who runs a vessel processing business by employing more than 130 workers.

From July 17, 2015 to September 30, 2015, the Defendant, as indicated in the list of crimes in attached Form 126, did not pay the total amount of KRW 1,11,68,782 of wages and retirement allowances of 126 workers, as well as KRW 658,62 of the retired workers D, within 14 days from each retirement date, without any agreement between the parties on the extension of payment date.

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 of the Guarantee of Workers' Retirement Benefits Act;

C. Expression of intention not to punish: May 20, 2016, which was after the prosecution of this case.

6.1. Agreements submitted;

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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