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(영문) 울산지방법원 2014.09.18 2014고단2099
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who employs two full-time workers as the representative of the Ccafeteria located in Ulsan-gu, Ulsan-gu, and engages in general restaurant business.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, as a main employee from September 9, 2013 to October 26, 2013, did not pay the wages of 1020,000 won as of October 10, 2013 as of September 10, 2013 without agreement on the extension of the payment due date between the parties concerned, within 14 days from the date of retirement.

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s clearly expressed intent under Article 109(2) of the same Act.

According to the records, it can be acknowledged that the victim clearly expressed his/her intention that he/she does not want to be punished against the defendant on June 24, 2014, which was after the prosecution of this case was instituted.

3. According to the conclusion, in the instant case where a crime cannot be prosecuted against the victim’s explicit intent, the victim’s expression of intent to punish the victim was withdrawn.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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