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(영문) 울산지방법원 2021.02.02 2021고정28
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer, who is a representative director of the C Co., Ltd. located in Yangyang-si, who employs seven full-time workers and conducts play facility operation business.

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.

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

Nevertheless, the Defendant, at the above workplace from December 5, 2019 to March 22, 2020, did not pay KRW 8,130,837 of the total wages of 5 workers within 14 days from the date of retirement, as stated in the attached Table, as well as KRW 260,097, which retired from office as safety personnel, as well as KRW 260,097, February 2020.

2. It is a crime of non-prosecution in accordance with Articles 109(2) and 36 of the Labor Standards Act.

On February 2, 2021, the defendant submitted an application for non-guilty punishment to workers D, E, F, G, and H on February 2, 2021. According to each description, the above workers have withdrawn their wish to punish the defendant.

Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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