logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2014.10.28 2014고정98
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is an individual constructor in the Gyeongcheon-gun, Chungcheongnamcheon-gun, who employs five full-time workers and operates a construction business at the site of the construction work of a new private house in the Gyeongcheon-gun, Chungcheongnam-do.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of such retirement, except where there exists an agreement on the extension of the due date between the parties concerned.

Nevertheless, the Defendant, at the above construction site, worked from August 30, 2013 to October 1, 2013, and retired KRW 120,000 on August 2013, 2013, as well as KRW 6,190,000 on the total wage of two workers, as shown in the attached crime list, was not paid within 14 days from the date of retirement, which is the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

2. On the other hand, it is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's explicit intent under Article 109(2) of the Labor Standards Act. According to each written agreement bound in the trial records, it is apparent that the victims have withdrawn their wish to punish the defendant on October 23, 2014, which is the date of institution of the prosecution of this case, and thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

arrow