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(영문) 울산지방법원 2019.05.10 2019고단324

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user who runs the parts processing manufacturing business using three regular workers under the trade name of C Company B at the time of mass production.

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

Provided, That if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the Defendant is working from March 17, 2017 to April 30, 2018.

Retired D's wages of KRW 1,200,00 and retirement allowances of KRW 2,327,228, and work from December 1, 2012 to March 15, 2016.

Retirement pay of retired E 9,11,887 won, and is working from March 1, 2013 to August 30, 2018.

The retired F's total amount of money and valuables 39,120,867 won, including 9,199,740 won and retirement allowances 16,282,012 won, were not paid respectively within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.

2. The offense of violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, on April 4, 2019, after the prosecution of this case was filed, the "written withdrawal of petition" of the victimized workers D, E, and F was submitted to this court, stating that "the defendant does not want to be punished."

This constitutes a case where there is an expression of intent not to punish a person under Article 327 subparagraph 6 of the Criminal Procedure Act, and thus, it is so decided as per Disposition as to the facts charged in this case.