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(영문) 울산지방법원 2015.10.23 2015고단2155

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who is a person in charge of business operation who ordinarily employs three full-time workers in the name of Ulsan-gu B Building No. 407(C).

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the retirement worker’s total amount of KRW 188,00 in December 2014, 2014, the wage of KRW 825,00 in retirement pay of KRW 1,960,60 in January 2015, and KRW 1,960 in retirement pay of KRW 1,60,601, and KRW 719,670 in December 3, 2014 from November 3, 2008 to January 31, 2015, including KRW 2,666,670 in retirement pay of KRW 15,537,836 in January 31, 2015 and KRW 21,87 in exchange for an extension of the payment period within 14 days from the date of the agreement 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, the victims submitted a letter of withdrawal of complaint that did not punish the defendant after the prosecution of this case was instituted.

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