logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.06.25 2018고단1793
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who employs four full time workers as a representative of Ansan-si, a member B and 506, and has engaged in the food business (contributation sheet).

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant worked in the above workplace from February 1, 2013 to June 30, 2017 and did not pay 10,586,667 won, including 700,000 won in the amount of wages on May 3, 2017 for retired D, within 14 days from retirement without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the defendant employed in the above workplace from February 1, 2013 to June 30, 2017 and did not pay 12,801,280 won in total as well as 4,001,792 won in retirement allowances for D who retired from the workplace within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned, such as the list of crimes in the attached Form.

2. The determination is an offense 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 the victim’s explicit 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. The victims do not want to be punished against the Defendant on January 31, 2018.

arrow