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(영문) 울산지방법원 2014.05.08 2013고단3547
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who employs ten full-time workers in the trade name of Ulsan-gun B, Ulsan-gun, Co., Ltd., Ltd., and has engaged in the wholesale and retail business of the Middle-Ga.

The Defendant, employed at the above workplace on May 18, 2009, was in charge of separately collecting recyclables, while working for separately collecting recyclables, and on December 31, 2012, the Defendant failed to pay 20,005,400 won of wages and retirement allowances of retired workers D within 14 days from the date of retirement without an agreement on extension of the payment due date, as stated in the attached Table, and did not pay 76,580,960 won in total for four employees’ wages and retirement allowances within 14 days from the date of retirement of each employee without any agreement on extension of the payment due date.

2. Each of the facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and cannot be prosecuted differently from the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victims have withdrawn their wish to punish the Defendant after the instant indictment. Thus, all of the instant indictments are dismissed pursuant to Article 327 subparag. 6

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