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(영문) 창원지방법원 통영지원 2016.11.30 2016고단999
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a person who runs a vessel vessel processing business under the trade name of D within C (State) in the event of a show of facts charged.

The Defendant worked as an assistant worker from January 7, 2016 to February 16, 2016 at the same place of business, and was retired workers E’s wages of KRW 884,520 on January 1, 2016, as stated in the attached crime list (1), and paid KRW 297,476,570 on total wages of 106 workers and KRW 2,251,820 on retirement allowances of retired workers from the date of each retirement without agreement between the parties on the extension of the payment date, as stated in the attached crime list (2) of the attached crime list, including KRW 33,81,520 on total wages of 106 workers from June 16 to February 18, 2016.

2. Grounds for dismissing the public prosecution; and

(a) Crimes of non-compliance: Article 109(2) of each Labor Standards Act, proviso to Article 44 of each Act on Guarantee of Workers' Retirement Benefits;

B. Following the institution of the instant indictment, the injured workers expressed their intention not to punish themselves.

(c) Subparagraph 6 of Article 327 of the Criminal Procedure Act: Rejection of prosecution; and

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