logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.06.20 2017고단1448
근로자퇴직급여보장법위반등
Text

All of the public prosecutions of this case are dismissed.

Reasons

1. The Defendant, “2017 Highest 1448,” in the facts charged, is a full-time employee of 80 full-time employees of E in the name of E in Gyeongnam-si, Gyeongnam-si, who runs a vessel processing business.

The Defendant, from October 18, 2012, worked in the above workplace as a person of thought and injury, and on July 5, 2017, paid 84,837,748 won in total, including 14,647,533 won in F’s retirement allowance of retired workers on July 5, 2017, within 14 days from each retirement date, without any agreement on the extension of payment date between the parties concerned.

The defendant of "2018 Highest 359" is a full-time worker employed by 80 full-time workers within D in Gyeongnam-si, Gyeongnam-si, E, and operates a vessel processing business.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 232,272,559, total amount of wages in arrears in the name of 85 workers within 14 days from the date of retirement without an agreement on extension of payment period between the parties, as stated in the list of crimes in the attached Table, as well as KRW 682,260, June 2017 G workers G retired from the said workplace from around October 12, 2009 to September 1, 2017.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers did not pay 59,209,731 won, including 9,05,540 won of G retirement allowances of workers who retired from the said workplace from around October 12, 2009 to September 1, 2017, in total, 559,209,731 won, including 80 employees, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned, as shown in the list of crimes in the attached Form.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 (1) of the Guarantee of Workers' Retirement Benefits Act;

C. After the prosecution of the instant case, the withdrawal of a petition containing the expression of non-existence of punishment for the victimized workers will be withdrawn.

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

arrow