logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.11.24 2014고정3631
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual management owner of C in Gyeyang-gu Incheon Metropolitan City, who runs a manufacturing business with 11 regular workers.

1. The Defendant worked from September 23, 201 to November 5, 2013 at the same place of business, and did not pay KRW 2,037,140 in February 2013, which was retired from the said place of business within 14 days from the date of retirement without agreement on extension of the payment due date.

2. The Defendant worked in the foregoing workplace from September 23, 201 to November 5, 2013, and did not pay KRW 3,829,444 of D retirement pay within 14 days from the date of retirement without an agreement on extension of the due date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the "Agreement" written in the trial records, it is recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow