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(영문) 울산지방법원 2019.05.16 2019고단710
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant of the facts charged in the instant case is the representative director of (State) D in Ulsan-gun B, who runs the vessel and the vessel processing business using 60 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant served in the foregoing workplace from January 14, 2016 to January 26, 2017, and retired from the said workplace, and did not pay KRW 12,845,751 in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on extension of the due date for payment.

2. The facts charged in the instant case constitute an offense against the victim’s explicit intent under Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it can be acknowledged that the withdrawal of the employee E’s authentic statement stating the purport that the Defendant’s criminal punishment on April 15, 2019, after the institution of the instant indictment, was submitted to the court and the expression of intent for the Defendant’s punishment has been withdrawn. Accordingly, the indictment against the instant facts charged in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act

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