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(영문) 울산지방법원 2020.05.26 2020고정200
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant in the facts charged in the instant case is the employer who is a business operator who engages in a vessel processing business using five workers in the location of Ulsan-gun B and C Company, without any separate trade name.

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

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

Nevertheless, the Defendant has worked as an electrical source from August 9, 2018 to January 31, 2019 at the above workplace.

D's wages of KRW 1,533,472 of September 2018, as well as KRW 4.082,316 of the total wages of three retired workers, as shown in the attached list of crimes, were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

Maz.

1. Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

2. Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

3. The withdrawal of each complaint made on December 20, 2019 and the written agreement made on April 28, 2020;

4. Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

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