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(영문) 울산지방법원 2014.02.18 2013고단3815

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a business management officer of the Ulsan-gu, Ulsan-gu, who is in charge of the business management of the LAB and operates the automobile repair business by employing ten full-time workers.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, on August 6, 2012, the defendant is working in the above workplace on August 6, 2012.

The sum of D's wages of 1,685,420 won in December 2012 and wages of 2,023,780 won in January 2013, 2013 and those of 3,709,200 won in January 2013, and those of 17 April 2012 to January 20, 2013.

The retirement E’s wages of 2,00,972 won in December 2012, the total of 1,964,012 won in January 2013, 3,964,984 won in arrears, and the total of 25,863,874 won in total of 13,571,314 won in the attached Form, such as the details of personal delayed payment, 39,435,188 won in the attached Form, and 12,66,226 won in the total of 7 employees in arrears, such as the details of the list of crimes, did not pay 14 days in advance from the date of the retirement without agreement between the parties to the extension of the payment date.

2. The facts charged above are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act

However, the victims submitted a written withdrawal of complaint, which failed to punish the defendant after the prosecution of this case was instituted.

Although workers F and G did not directly confirm the authenticity of the withdrawal of a complaint under the name of the said workers, the withdrawal of the complaint is a document signed by the said workers, stating the content thereof, and all other workers who submitted the same form of withdrawal of a complaint.