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(영문) 울산지방법원 2013.06.24 2013고정286
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is a full-time employee with the trade name “F” in the E(D) workplace located in Ulsan-gun, Ulsan-gun, and is engaged in the business of manufacturing vessel components and parts.

The Defendant did not pay KRW 500,000 for the wages of February 2, 2012 to G retired workers who worked in the pertinent workplace from February 13, 2012 to February 26, 2012, without an agreement between the parties to the extension of the due date for payment, and did not pay KRW 15,232,00 for the wages of February 15, 2012 to six workers as indicated in the separate crime list, as shown in the separate crime list, without agreement between the parties to the extension of the due date for payment.

2. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and is an offense of non-compliance under Article 109(2) of the same Act. Since the above victims expressed their intent not to be punished against the Defendant on May 20, 2013, after the prosecution of the instant case was instituted, the time when the written agreement was made between the Defendant and the victims was made between November 20, 2012, and the time when the written agreement was submitted to this court is May 20, 2013.

On the other hand, under Article 236 of the Criminal Procedure Act, a complaint and its cancellation may be made by proxy. Since H was delegated by the other victims on April 19, 2012 with all the authority to file a complaint (see e.g., the power of attorney attached to the evidence list Nos. 2), the authority to cancel the complaint (it is also equivalent to the authority to express the intention not to impose punishment for the crime of non-compliance with the intention of the victim) is also delegated.

Article 327 subparagraph 6 of the Criminal Procedure Act is all dismissed.

It is so decided as per Disposition for the above reasons.

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