logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.07.20 2015고정1805
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative of Yeonsu-gu Incheon Building 508, engaged in transportation business using three full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 20,90,000 won in total, among two retired workers, within 14 days from the date of retirement, as stated in the attached Table, as well as D’s wage 2,50,000, which worked from June 1, 2012 to March 31, 2014 at the above workplace, as well as D’s wage 2,50,000 on November 1, 2013.

2. When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay two retired workers' retirement allowances of KRW 7,569,850 as stated in the attached Form, including KRW 3,849,310, respectively, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Submission of each written agreement to the effect that workers D and E do not want to be punished against the defendant on July 17, 2015, which was after the prosecution of this case.

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

arrow