logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.04.29 2014고단410
근로자퇴직급여보장법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant employed approximately 60 full-time workers in Dobong-gu Seoul Metropolitan Government, and operated the clothing manufacturing chain (ju)D.

The Defendant had worked in the company from May 15, 2007 to February 15, 2013, and had retired workers E’ wage of KRW 1,485,50,000 as well as KRW 43,970,090, total wage of 26 workers, as shown in the separate crime list, did not pay it within 14 days from the date of each worker’s retirement, without any agreement on extension of the due date between the parties concerned.

B. The Defendant, while working as above, did not pay 98,642,204 won totaling 22 employees’ retirement allowances as stated in the attached list of crimes, as well as 6,841,846 won of retirement allowances of employees E who retired while working as above, within 14 days from the date of their retirement, without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victims’ express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the statement of withdrawal of each complaint received in this court, all workers mentioned in the annexed list of crimes have withdrawn their wish to punish the defendant after instituting the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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

arrow