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(영문) 울산지방법원 2014.04.04 2013고단3888

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant ordinarily employs five workers under the trade name of “C” in Yangsan-si, a user who runs the main plant manufacturing business.

The Defendant has worked as a production worker from June 10, 2012 to the above workplace.

As stated in the attached Form, including four retired workers' wages, annual paid leave allowances, retirement allowances, total amount of 32,738,123 won, and retirement allowances on September 4, 2010, as well as wage 2,272,00 won on October 4, 2012 of retired D(D).

The retirement allowance of E retired on December 8, 2012 was not paid 6,270,729 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without a mutual agreement between the parties concerned on the extension of the due date.

The reason for dismissing a public prosecution is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written withdrawal of a complaint filed on August 29, 2013, which is bound in the trial records, the victims may be recognized as having withdrawn their wish to punish the Defendant on August 29, 2013, which is the date of the instant public prosecution. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.