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(영문) 울산지방법원 2014.06.20 2014고단1164
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the actual representative of the C company located in Yangsan City, who is a user who runs a content pipe manufacturing business using three drinking workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant is working from June 11, 2013 to July 31, 2013 at the above workplace.

On July 2013, 2013, wages of 2.5 million won were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

The reason for dismissing the prosecution is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the written agreement signed on April 22, 2014, which is bound in the trial records, the victim can be acknowledged the fact that he/she withdraws his/her wish to punish the defendant on April 22, 2014, which is the date of filing the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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