logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.02.12 2019고단5595
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of Gangnam-gu Seoul Metropolitan Government Bofficetel C, and is a user who manufactures and engages in wholesale and retail business as the representative of the company.

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 an executive officer in charge of restructuring from August 8, 2018 to September 26, 2019, and did not pay KRW 800,000 in July 2019 of the retired E, and KRW 2,293,333 in August 2019, and KRW 2,293,33 in September 2019, within 14 days from the date of retirement as of the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date for payment.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. Submission of a written withdrawal of a complaint containing employee E’s expression of no punishment after the indictment of this case

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

arrow