logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.13 2019고단5563
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the third representative director of the Bank of Korea, which is in the Namyang-si, and is an employer as a business manager who operates a manufacturing business with eight regular workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 6,805,713 of the retirement pay amount from May 3, 2016 to November 2, 2018 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-performance of will: The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of this case, the employee D was not subject to punishment.

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

arrow