logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.01.14 2015고정39
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of Sungnam-si Section C(s) located in B building 301, is an employer who runs a construction business with eight full-time 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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 1,375,00 on October 10, 2013, which was employed from August 15, 2013 to October 15, 2013 at the site of the Seongbuk-gu Seoul apartment site located in Seongbuk-gu Seoul Metropolitan Government D, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to the statement of "written withdrawal of complaint" bound in the trial records, it is clear that the victim withdraws his/her wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow