logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.04.14 2015고단2311
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C in Yangsan-si, is an employer who runs an electrical and electronic manufacturing business with seven full-time workers.

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

Nevertheless, the defendant employed in the above workplace from November 1, 2002 to October 15, 2013 and did not pay 7,332,600 won in total, including wages, other money, etc. of retired workers D, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

(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 payment occurs, in cases where the employee retires;

Nevertheless, the defendant employed in the above workplace from November 1, 200 to October 15, 2013 and served as retirement allowance of 20,175,262 won of retired workers D, and served as retirement allowance of 20,175,262 won from February 10, 200 to November 6, 2013, and did not pay the total of 47,65,756 won for 27,494 won of E's retirement allowance to 27,490,494 won within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. The case of this case is a crime of non-violation of intention. Since the victims expressed their wish not to punish the defendant after the prosecution of this case, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow