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(영문) 울산지방법원 2014.04.08 2014고단42
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a business owner who has been operating a manufacturing business with three full time workers as the representative of the company B located in Ulsan-gun, Ulsan-gun, and is an employer.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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.

Nevertheless, from July 29, 2013 to the same year in the above workplace.

9. Until April 14, 201, D’s wages of KRW 3,240,000 was not paid within 14 days from the date of retirement on which the cause of the occurrence occurred, without any agreement between the parties on extension of the due date for payment.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, after the prosecution of this case, the agreement was submitted on December 27, 2013, and according to the above agreement, it can be recognized that the victim has withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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