logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2017.05.11 2016고단430
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd. in Bupyeong-gu, Nowon-gu, Busan, and an employer who runs a stable educational business by using two full-time workers at E incheon-si D.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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.

Nevertheless, the defendant worked in the above workplace from September 30, 2014 to October 30, 2015. From the next day to June 30, 2015, the defendant did not pay the sum of KRW 1,800,000 on June 2015, 2015, wages of KRW 1,800,000 on August 8, 2015, and other money and valuables of KRW 6,100,000,000 on the aggregate of KRW 6,10,000,000 on the date from October 1, 201 to May 21, 2016, KRW 2,000,000 on the payment of KRW 1,80,000 on June 2, 200, 200 on the payment of wages between the victim who retired following day and KRW 6,00,00 on the date of such agreement.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant worked in the above workplace from September 30, 2014 to October 30, 2015, and the defendant did not pay KRW 1,800,000 of the F retirement pay of the victim retired next day to the above workplace within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

2. Determination

1. A. The facts charged in the facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

arrow