logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.09.25 2013고단2418
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a user engaged in the electronic component manufacturing business under the trade name of “stock company B”, and works at the above workplace located in e-mail from January 19, 199 to October 23, 2012.

Wages and retirement allowances of retired workers D including 28,89,810 won, and the total amount of 58,697,070 won for five workers, as shown in the annexed crime list, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each withdrawal document bound in the trial records of this case, the fact that workers D, E, F, G, and H withdrawn the Defendant’s wish to punish the Defendant on September 3, 2013, which is after the prosecution of this case.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow