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(영문) 울산지방법원 2014.01.16 2013고단2382
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is engaged in the manufacturing of hardware while operating D Co., Ltd. in Ulsan-gu, Ulsan-gu.

The Defendant served as the head of technology from April 9, 2004 to November 19, 2012 in the company and retired from the company as the head of technology, and did not pay G’s wages of KRW 13,230,880 and retirement allowances of KRW 31,929,710, and KRW 7,077,542 and retirement allowances of KRW 5,181,00,00, and KRW 5,181,00 from March 26, 201 to February 28, 2013, and did not pay KRW 9,407, KRW 100 and KRW 34,356,057 to the above company’s wages, retirement allowances, etc. of KRW 30,198,198,00 of the company’s retirement allowances, including those of the above company from September 6, 201 to February 28, 2013.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written agreement compiled in the records, it can be acknowledged that the victims expressed their wish not to punish the Defendant on January 15, 2014, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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