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(영문) 울산지방법원 2017.01.17 2016고단3686
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of Section C (State) in Ulsan-gun B, is an employer who engages in manufacturing industrial machinery by making use of 20 full-time workers.

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

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

From October 7, 2013 to March 25, 2016, the Defendant did not pay the total amount of KRW 15,394,856, total amount of wages and retirement allowances to eight workers, including KRW 97,653,920, total amount of wages and retirement allowances to eight workers, within 14 days from the date when the grounds for payment occurred without an agreement on the extension of payment deadline between the parties concerned.

2. On January 16, 2017, the victims expressed their intention not to be punished after the prosecution, which is the crime of non-violation of intention. Thus, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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