logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.02.07 2016고정3009
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of D Co., Ltd. located in Bupyeong-gu Incheon Metropolitan City, and 16 full-time workers engaged in manufacturing business.

When an employee retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

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

A. The Defendant violated the Labor Standards Act did not pay an annual paid leave allowance to be paid at the end of January 10, 201 to June 30, 2015, KRW 161,722, the total amount of wages, including KRW 23,179, and KRW 184,901, and annual paid leave allowance to be paid at the end of January 2014; KRW 426,028, and annual paid leave allowance to be paid at the end of January 2015; KRW 517,512, annual paid leave allowance to be paid at the end of June 1, 2015; KRW 1,461,52, annual paid leave allowance to be paid at the end of June 2015; KRW 1,461,52, annual paid leave allowance to be paid at the end of June 1, 2015; and KRW 1,514,5415,530.

B. The Defendant violated the Guarantee of Retirement Benefits for Workers in the foregoing workplace from January 10, 201 to June 30, 2015, did not pay KRW 7,187,506 of the retirement allowances of retired workers E in the said workplace within 14 days from the date of retirement without any agreement on the extension of the date between the parties concerned.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On January 6, 2017, the victim, after filing a prosecution, submitted to this court a written agreement containing the intention of not to punish the defendant through his defense counsel.

(c)

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

arrow