logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.06.03 2020고단371
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the representative of the C Co., Ltd. located in Ulsan-gun B, Ulsan-gun, who employs 11 full-time workers and operates a manufacturing business.

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

Nevertheless, the Defendant is in charge of pipeline work from April 8, 2019 to July 25, 2019 at the above workplace.

The 5,053,680 won of the retired worker D's wages, including the 5,053,680 won, did not pay 52,475,940 won in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without an agreement between the parties on the extension of the payment.

Judgment

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the express will of the victimized worker under Article 109(2) of the Labor Standards Act.

However, since damaged workers withdraw their wish to punish the defendant after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow