logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.03.19 2014고단9590
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who is a representative of Jung-gu Busan Metropolitan Government C(C) and is engaged in a financial book business with five full-time workers.

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

2014 Highestest 9590

1. The Defendant is in charge of business support affairs from June 1, 2012 to November 30, 2013 at the above workplace.

The retirement D's wages of 416,700 won in September 2013, as well as the details of the list of crimes in the attached Table, did not pay 37,001,970 won in total to four retired workers within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without any agreement between the parties on the extension of the payment date.

Extraordinary 2014 Decided 5230

2. The Defendant is responsible for the management of the foregoing workplace from June 1, 2012 to October 31, 2013.

The retirement E's wages of 2,916,667 won in September 2013, and the total amount of money and valuables of 2,916,67 won in October 2013, retirement allowances of 3,74,450 won in total, 9,57,784 won in September 2013, did not pay 14 days from the date of retirement, which is the date of the occurrence of the cause of payment, without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Expression of intention not to punish: The withdrawal of a complaint filed on November 3, 2014, which was filed on December 1, 2014, after the institution of each of the instant cases was instituted.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow