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(영문) 울산지방법원 2020.09.10 2019고단5128

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual operator of Section C in Ulsan-gu, Ulsan-gu, who runs a construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the above workplace from February 15, 2016 to November 16, 2018, worked in the field office, and worked in a public office from October to 11, 2018 for retired workers D, and did not pay 2,80,040,000 won in total, 3,040,000 won in total, from May 16, 2016 to December 31, 2017 for retired workers E, within 14 days from each retirement date without agreement between the parties to the extension of the payment deadline.

2. Determination:

A. Articles 109(1), 43(1), and 46(1) of the Labor Standards Act apply mutatis mutandis to each of the facts charged in this case

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

(c) An expression of workers not to be punished after prosecution;

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