logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.08.13 2015고단915
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of D Co., Ltd., located in Orcheon-gu, Ocheon-gu, Busan, who runs a manufacturing business with three regular workers at ordinary times.

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.

Nevertheless, the Defendant, at the foregoing place of business, worked from February 1, 2013 to October 31, 2013 and did not pay KRW 13,200,000 to retired workers E within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the victim expressed his/her intent not to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

arrow