logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.11.24 2016고단6842
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a C representative in the Southern-gu Incheon Metropolitan City B, who employs eight workers and operates water purifier manufacturing business.

When a worker retires, the employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, at the above workplace from July 1, 2005 to July 31, 2016, did not pay an amount equivalent to KRW 33,233,243, in total, of KRW 6,000,00 of wages and retirement allowances of KRW 27,233,243 of the retired workers D, and retirement allowances of KRW 27,233,243, as stated in the list of crimes in the attached Table, and did not pay an amount equivalent to KRW 215,810,406 of wages and retirement allowances for eight workers within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. The case cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records of the instant case, the victims have withdrawn their wish to punish the Defendant on November 18, 2016, which is after the instant indictment. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

arrow