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(영문) 울산지방법원 2015.04.24 2015고단448

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the (ju) D representative director in Yangsan-si, is a user who engages in a manufacturing business of metal short-term products using 20 full-time workers.

From January 2, 2007 to December 31, 2014, the Defendant did not pay the total of KRW 28,232,009, and total of KRW 35,593,004, and total of KRW 35,825,013, which were worked in the workplace from November 5, 2007 to December 31, 2014, within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

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

However, on April 20, 2015, after the victims filed the prosecution of this case, the victims submitted a written application for non-prosecution of punishment against the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.