logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2017.10.18 2017고단1535
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the D Co., Ltd. in Pyeongtaek-si C, who runs a manufacturing business using 15 full-time workers.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 5,41,891 won, including the total of 9,641,580 won, including the wages, etc. of retired workers E, from November 16, 2012 to June 30, 2017, including the above place of business, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

(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 such payment occurred, in cases where the employee retires;

Nevertheless, the defendant employed from November 16, 2012 to June 30, 2017 at the above workplace and did not pay 75,486,340 won in total, including 16,087,660 won of retirement allowances of retired workers E, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

Accordingly, the Defendant did not pay a total of KRW 130,928,231 to workers.

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 Retirement Benefits of respective workers;

B. From August 22, 2017 to September 12, 2017, the victimized workers, after the instant indictment, expressed their intent not to be punished against the Defendant.

Dismissal of public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparagraph 6 of the Criminal Procedure Act or more.

arrow