logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2017.10.18 2017고단400
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business with ten full-time workers as a operator of the (ju)C located in the Gu-gu B during the period of Ansan-si.

When a worker dies or retires, an employer shall pay the worker wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, unless there exists an agreement on the extension of the due date for payment with the worker, or such other money

Nevertheless, the Defendant, from May 2, 2016 to June 4, 2016, did not pay KRW 4,400,000 of D’s wages, which were retired as a member of the said company, within 14 days from the date of retirement without any agreement or good cause on the extension of the payment deadline between the parties.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the explicit intent of the victimized employee under Article 109(2) of the Labor Standards Act.

According to the records, on October 18, 2017, which was after the prosecution of this case, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it is recognized that workers D submitted a written agreement and withdrawn his/her wish to punish the defendant.

arrow