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(영문) 울산지방법원 2014.06.12 2014고단59

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of the C Co., Ltd. in Ulsan-gun B and runs a construction business by ordinarily employing five 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 where special circumstances exist, the period may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working at the same workplace from August 9, 2012 to October 7, 2012.

A retired D’s remaining balance of 1.2 million won on August 2012, 2012, 3.7 million won on September 2012, 2012, 5.5 million won on the aggregate of 6 million won on October 2012, and 5.5 million won on the duty from August 9, 2012 to October 7, 2012.

The retirement E’s total amount of KRW 260,000 won in the wage balance on August 2012, 2012, KRW 2430,000 won in the wages on September 24, 2012, KRW 2930,000 in the wages on October 2, 2012, and KRW 2930,000 in the wages on August 25, 2012 to September 1

The retired FF did not pay 720,000 won in total on August 2012, 2012 and 1.80,000 won in total on September 2012, 9,330,000 won in total on September 1, 2012 without any agreement between the parties on the extension of the payment deadline between the parties concerned.

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s clearly expressed intent under Article 109(2) of the same Act.

According to the records, on September 12, 2013, the Defendant, D, E, and F, before the institution of the instant prosecution, filed a criminal conciliation with the prosecution on September 12, 2013, to withdraw the accusation in the event that the Defendant pays unpaid wages; the Defendant remitted the amount of KRW 5 million on October 4, 2013 to D’s account; the Defendant remitted the amount of KRW 4.3 million on January 2, 2014; and the Defendant’s mother, the agent of F, and E, to the written criminal conciliation order prepared on September 12, 2013.