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(영문) 창원지방법원 2015.12.10 2015고단2777
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director, Co., Ltd. located in Kimhae-si, is an employer who runs a business of manufacturing vessel components using 20 regular

The Defendant, while working in the foregoing workplace from December 22, 2012 to March 31, 2015, had not paid KRW 20,183,108 in total as well as KRW 57,96,89 in total for four workers, as stated in the attached crime list, as well as KRW 57,96,89 in total, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. The above determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the victims of this case can recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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