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(영문) 울산지방법원 2020.04.10 2019고정721
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a business owner and an employer who has been awarded a subcontract for steel works among the extension works in Ulsan-gun C in Ulsan-gu with ten full-time workers employed by an individual constructor located in Ulsan-gu, Ulsan-gu.

The Defendant did not pay KRW 22,850,000,000 for the total wages of 11 workers at the construction site as shown in the attached list of crimes at the above site within 14 days from the date of each retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties

2. 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 victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the records, since D, which was delegated with all authority such as the cancellation of the complaint on this case by workers in the attached list, expressed his/her intention not to be punished against the defendant on March 24, 2020 after the public prosecution of this case was instituted, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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