logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.11.07 2013고단4828
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the representative of Nam-gu Incheon Metropolitan City C (State) D, who is engaged in the manufacturing industry with five regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 did not pay KRW 22,652,205 in total amount of wages of three workers within 14 days from the date of each retirement, as well as KRW 2,50,000 on October 1, 2012 of E, who worked from August 1, 2011 to October 31, 2012 at the said workplace, as well as KRW 22,652,205 in total, as stated in the details of personal overdue money and valuables in the attached Form.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

However, in special circumstances, the date of payment may be extended according to the agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 16,401,404, as well as KRW 4,296,307 of E’s retirement pay, working from August 1, 2011 to October 31, 2012, as well as KRW 16,401,404, as in the details of the money and valuables in arrears in the attached Form, within 14 days from the date of each retirement without any agreement on extension of the due date between the parties concerned

2. The above facts charged are crimes which cannot be prosecuted against the victim's express intent under Article 109 (2) of the Labor Standards Act and Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the fact that the damaged worker has withdrawn his/her wish to punish the defendant in this court after the prosecution of this case can be acknowledged. Thus, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

arrow