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(영문) 울산지방법원 2014.10.17 2014고단2121
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative of "C" in Yangsan-si, who is engaged in the refining manufacturing business of Aluminium using 15 regular workers.

The Defendant, while working in the foregoing workplace from April 15, 2005 to March 26, 2014, did not pay 8,523,076 won, including the sum of 2,014,872 won, retirement pay 6,508,204 won, etc. of retired workers D, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total of KRW 53,835,824, including KRW 18,536,259 for 10 workers of the above company, and KRW 35,29,565 for 8 workers, as stated in the attached list of crimes, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date.

The reason for dismissing public prosecution is the case that falls 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 cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the statement of withdrawal of complaint filed in the trial record, it can be acknowledged that the victims have withdrawn their wish to punish the defendant around September 2014, which is the case after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure

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