logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2019.07.03 2019고정184
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the actual representative of the Busan Shipping Daegu Co., Ltd. and is an employer who operates the cargo transport business by using five regular workers.

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

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the suspect did not pay 4,14,000 won in total, including D’s wage of KRW 2,060,000, which worked as a cargo driver from March 24, 2006 to August 20, 2018, and wage of KRW 2,084,00 on July 2018, within 14 days from the date of retirement.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

The suspect is working until August 20, 2018 in the above workplace and the "E" in the indictment to be retired is deemed to be a clerical error.

The retirement allowance balance of KRW 1,856,000 has not been paid within 14 days from the date of retirement.

2. The first-mentioned decision

A. The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 109(2) of the same Act, and Article 1 of the same Act

B. The facts charged are crimes falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent under the proviso to Article 44 of the same Act.

However, according to the records, on June 28, 2019, after the prosecution of this case was instituted, a written agreement that the injured worker's complaint against the defendant was revoked by the original agreement with the defendant. Accordingly, the injured worker shall be punished against the defendant.

arrow