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(영문) 울산지방법원 2016.05.26 2016고단741
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the (ju) C in Yangyang-si, Yangyang-si, a full-time employee of 25 workers, is an employer who runs the business of painting and printing.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from June 1, 2014 to October 18, 2015, the Defendant did not pay KRW 15,404,302 in total, including wages, retirement allowances, etc. for 25 employees, 293,94,012 in total, as shown in the list of crimes in the separate sheet of crimes, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. According to the records, the case is a crime of non-violation of intention. The victims can be acknowledged that they expressed their intent not to be punished against the defendant after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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