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(영문) 울산지방법원 2015.12.17 2015고단1875
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of C, a stock company in Ulsan-gun, Ulsan-gun, who runs automobile parts manufacturing business with eight regular workers.

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

Nevertheless, the Defendant, at the foregoing workplace from October 15, 2014 to February 27, 2015, worked in the workplace and worked in office as well as in total of KRW 6,062,00,00,000, such as wages, other money, etc. of retired workers D, as described in the attached list of crimes, did not pay KRW 36,860,690 within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

2. The above act is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

According to the records, the victims of this case can recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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