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(영문) 울산지방법원 2019.11.26 2019고정587

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant, while carrying out a waterproof construction work for B apartment rooftops in smuggling, from May 24, 2018 to the same year.

6. By October, 2018, C’s retirement from office after having engaged in Radar work and had not paid KRW 1,412,500 on June 6, 2018 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of payment

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the agreement written by C, which was submitted to this court on November 5, 2019, after the prosecution of this case, C expressed its intention not to be punished against the defendant.

3. According to the conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.