logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.01.10 2017고단744
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a manufacturing business by employing 7 full-time workers from among the representatives of (ju) D in South-gu C at port.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the Defendant, on November 1, 2016, did not pay the total amount of KRW 24,025,380 as well as KRW 4,00,230 on May 1, 2016, as well as KRW 24,025,380 on the details of money and valuables in arrears in the attached Form, to be paid for 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

(b) An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the worker a retirement allowance within fourteen days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, on November 1, 2016, the Defendant did not pay the retirement allowance of 28,429,076 won to E workers who retired from the said workplace until 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

2. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits: Decision to dismiss a victim's non-prosecution of punishment after an indictment under the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, Article 109 (2) of the Labor Standards Act, and Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (Article 327 subparagraph 6 of the Criminal Litigation Act).

arrow