logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.11.26 2014고단2045
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaged in manufacturing parts of a ship under the trade name of the Co., Ltd. B from Kim Sea.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from February 1, 2012 to April 1, 2014, the Defendant, while working as a vice head in the pertinent workplace, did not pay the total of KRW 3,33,330 on January 1, 2014, and the monthly wage of KRW 3,33,330 on February 2 of the same year, and KRW 17,214,590 on March 3, 203, 333,330 on retirement pay and retirement pay of KRW 7,214,60 on March 3 of the same year, without any agreement on extension of the payment deadline, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

In addition, the Defendant did not pay the total of KRW 53,450,200, including four workers, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of the payment, as stated in the attached Form.

2. One copy of the case. Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted differently from the victim's explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to each written agreement bound in the public trial records, the above victims can be recognized as having withdrawn their wish to punish the defendant after the institution of the public prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

arrow