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(영문) 울산지방법원 2015.08.21 2015고단1257

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is C real manager in Yangsan-si B, who runs a machinery processing business, including automation parts, using one full-time worker.

The Defendant, who entered the said workplace on August 5, 2013 and worked in a covering public sector, was not paid KRW 1,300,000,00 for the monthly wage of August 21, 2014 retired on September 21, 2014, and KRW 4,943,251 for the sum of KRW 1,330,000 for retirement pay, and retirement pay of KRW 2,313,251 for September 2014, without agreement between the parties on the extension of payment due date.

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.

On April 28, 2015, after the institution of the instant prosecution, the victim submitted a written agreement that did not punish the Defendant.

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