logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.08.16 2013고단3013
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant, as the representative director of C Co., Ltd. located in B, employed 17 full-time workers and operated the automobile parts manufacturing business.

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

Nevertheless, the Defendant did not pay 32,264,560 won, including 27,306,52,40 won in total, and 21,648,310 won in the attached list of crimes as shown in the attached list of crimes, as shown in the attached list of crimes, including 27,306,52,40 won in total, and 21,64,560 won in total, including 32,264,560 won in total, as stated in the attached list of crimes, when the cause for the payment occurred without any agreement on extension of the due date between the parties.

2. Of the facts charged in the instant case, the charge of violating the Labor Standards Act is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. The charge of violating the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s explicit intent under the proviso to Article 44 of the same Act. According to each written withdrawal bound in the records, the victims can be acknowledged that they expressed their intent not to have the victim punished after the institution of the instant indictment. Accordingly, the instant indictment is dismissed under Article 327 subparag. 6

arrow