logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.05.28 2019고정1206
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual constructor who has no construction business license, and is the employer who has subcontracted the extension of the tolerance rooms in the G High School located in the Jeonyang-gun, Jeonyang-gun and the toilet repair work from the actual representative E of the D company, using three full-time workers in the building B and C of Gwangjubuk-gu.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 is working from September 4, 2018 to September 11, 2018 at the above construction site.

As shown in the attached list of crimes, such as the wage of KRW 1,380,000 for retired workers, three retired workers did not pay KRW 2,860,000 in total for the retirement workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. Determination

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

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

C. After the prosecution of this case, a written agreement containing the expression of non-existence of punishment for the above workers is submitted.

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

arrow