logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2017.01.26 2016고단2242
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the actual representative of the restaurant C in Gyeonggi-si B, who employs five full-time workers and operates the food service business.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, etc. within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant employed from February 24, 201 to October 21, 2013 at the above workplace and retired workers D's total wage of 10 May 5, 2013, 201, including total wage of 9,495,069 won, did not pay 30,172,811 won in total for three workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the defendant employed from February 24, 201 to October 21, 2013 at the above workplace and did not pay 10,049,549 won in total, including 4,684,394 won of retirement allowances of retired workers D from the above workplace, within 14 days from the date of retirement without agreement between the parties to the extension of payment date, as shown in the list of crimes in the attached Table.

Accordingly, the Defendant did not pay the total amount of 40,222,360 won to three victims, respectively.

The reason why the prosecution is dismissed is the crime of non-competence, and three workers have been submitted a written non-competence that they do not want to be punished.

arrow