logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.06.19 2013고단2448
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a medical corporation in the Republic of Korea, which employs 85 full-time workers, as the representative of the D Hospital, and operates health business.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

The unpaid Defendant, such as wages, etc., is working at the above hospital from April 9, 2010 to August 6, 2013.

A retired worker E’s wage of KRW 1,905,00 for July 2013, and KRW 386,830 for August 2013, including KRW 1,165,874,05 for annual allowances, and KRW 4,165,880 for three workers, as indicated in the attached list of crimes, did not pay KRW 17,629,710 for the total amount of wages for three workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

B. The Defendant unpaid retirement pay is working at the pertinent hospital from April 9, 2010 to August 6, 2013.

Retirement allowances of retired workers E, 6,501,300 won and those of the above hospital from November 1, 201 to July 31, 2013.

The retirement allowance of the retired worker was not paid KRW 14,045,240 in total, 7,543,940,000 within 14 days from the date of retirement without agreement between the parties to the payment.

2. The facts charged in this 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, and cannot be prosecuted against each victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, according to the records of this case, the victims have withdrawn their wish to punish the defendant after instituting the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow