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(영문) 울산지방법원 2013.11.21 2013고단3084
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The defendant in a factory room is the representative director of the Ulsan Jung-gu C Co., Ltd. located in Ulsan-gu, who runs an information and communications business using 15 regular workers.

The Defendant is employed by the above workplace.

A total of KRW 12,093,961, including wages, etc. of retired D, did not pay KRW 18,183,842, such as wages, etc. of three workers as shown in the attached Table of Crimes, and did not pay them within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties on

B. The Defendant is employed and working at the above workplace.

In addition to the failure to pay KRW 43,379,882 of retirement allowances of retired D, the total amount of KRW 65,56,786 of the three employees' retirement allowances was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the payment.

The facts charged in the instant case are crimes falling 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, and cannot be prosecuted differently from the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victim may have withdrawn his/her wish to punish the Defendant on September 9, 2013, which is after the institution of the instant case. Thus, all of the instant prosecutions are dismissed in accordance with Article 327 subparag.

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