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(영문) 울산지방법원 2013.08.29 2013고단2118
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

The Defendant is the representative of “C” corporation located in Ulsan-gu, Ulsan-gu, and is a user who runs real estate sales business with 20 full time workers. From April 9, 2012 at the above workplace, the Defendant is in charge of real estate sales business.

For the same year

5. Workers D’ retired on May 2012, 150,000 won for wage of 1.5 million won for workers retired on June 26, 2012, and as stated in the detailed statement of wages by employees (2) in attached Form No. 7040,000 won for total wages of 5 workers was not paid within 14 days from the date of retirement

However, each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, according to the records of this case, it can be recognized that all victims expressed their intention not to be punished against the defendant around May 23, 2013, after institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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