logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.23 2019고단5004
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of Seocho-gu Seoul Metropolitan Government Dispute Resolution D, is an employer who ordinarily employs ten workers and operates construction design and related service business.

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

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

Nevertheless, the Defendant did not pay the total amount of KRW 4,720,000 for five workers, as stated in the separate crime list, including KRW 310,000,00, who retired workers E, while working in the said workplace from December 21, 2017 to November 22, 2017, within 14 days from the date of each retirement, as stated in the separate crime list.

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. On October 22, 2019, the withdrawal of a petition by workers on October 22, 2019, respectively, after the institution of public prosecution.

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

arrow