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(영문) 울산지방법원 2015.03.12 2014고정1714
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The defendant is the representative director of F Co., Ltd. in Ulsan-gu E who runs the taxi transport business with 50 full-time employees.

Wages shall be paid directly in currency to workers in full, and shall be paid at least once a month on a fixed date.

From November 6, 2011 to April 2013, the Defendant did not pay KRW 1,166,632, a total of KRW 76,680 per week’s paid leave allowances, from January 6, 2012 to April 6, 2013, on a regular wage payment date (the 10th day of each month).

Judgment

The facts charged of this case are crimes falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. Since a written agreement was submitted as of March 5, 2015, which contains the victim’s intent not to be punished against the defendant, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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