logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.10.16 2015고단2321
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is the C representative of the building No. 303 Dong-gu, Orcheon-si, 301, who runs a manufacturing business with eight regular workers.

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, at the foregoing place of business, worked from September 6, 2006 to May 31, 2014, did not pay KRW 26,517,860 of the retired worker D wages, retirement allowance of KRW 30,285,880, and retirement allowance of KRW 7,806,542 of the retired worker E from September 15, 2006 to May 31, 2014, and KRW 9,219,70 of the retirement allowance of the retired worker E within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Declaration of non-existence of punishment: The withdrawal of each complaint filed on October 22, 2015, which was subsequent to the institution of public prosecution of this case;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

arrow