logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.03.10 2016고단3801
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Kuyang-gu (State)C in Goyang-gu, Yangyang-gu, the charge, is an employer who runs a construction business with seven full-time workers.

An employer shall pay any money or valuables, such as wages and retirement allowances, within 14 days, when a worker retires.

Nevertheless, from September 1, 2008 to October 10, 2016, the Defendant, while working in the above workplace, did not pay KRW 5,415,320, and retirement allowances of KRW 18,384,660 of the retired workers D, within 14 days from the date of retirement, and did not pay KRW 75,410,98 in total for five workers’ wages and retirement allowances on the payment date as shown in the list of crimes in the attached Table.

2. We examine the judgment. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent of the worker under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The records reveal the fact that all affected workers expressed their wish not to punish the Defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

arrow