logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2015.05.15 2015고정173
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual constructor who resides in Chungcheong-gun C or 401 and runs a construction business with two regular workers.

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

Nevertheless, the Defendant worked as a man at the site of a private house located in Ansan-si D from July 4, 2014 to July 8, 2014, and worked as a man for the same period of time as wages of KRW 300,000 on July 7, 2014 for retired E, and did not pay KRW 500,000,000 as wages of KRW 20,000 on July 7, 2014 to retired F, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Each of the facts charged above is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the express will of the victim who is an employee under Article 109(2) of the Labor Standards Act.

However, according to the "each written agreement (application for no punishment)" attached to the trial records, since victim E and F expressed their intention not to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow