logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.11.30 2020고단4472
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory office was an employer who runs the automobile parts painting business by using six full-time workers in the trade name of the Ulsan-gun, Ulsan-gun, which is the trade name of the Co., Ltd. Co., Ltd.

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

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

Nevertheless, the defendant is working as a paint work from January 8, 2019 to February 16, 2019 at the above workplace.

D's total amount of money and valuables of KRW 1,740,575 in January 2019 and KRW 2,007,775 in February 2019 was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

Maz.

1. Applicable provisions of Acts to charges: Articles 109 (1) and 36 of the Labor Standards Act;

2. Crimes of non-compliance: Article 109 (2) of the Labor Standards Act.

3. In cases of expression of non-existence of punishment: An application for non-disclosure of punishment stating a worker's expression of non-existence of punishment for the defendant after the prosecution of this case.

4. Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow