logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.09.26 2013고단1488
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of the Songpa-gu Seoul Metropolitan Government Btel 908, who runs a trade business with three or more full time workers. A. The Defendant is an employer who runs a trade business with three or more full time workers.

From June 1, 2007 to January 8, 2013, the Defendant did not pay KRW 323,040 in the wage balance in September 2012; KRW 1,523,040 in October of the same year; KRW 1,523,040 in November of the same year; KRW 800,430 in December of the same year; KRW 4,430 in total of KRW 284,320 in January of 2013; and KRW 4,453,870 in December of the same year without agreement between the parties to the extension of the payment period.

B. The Defendant did not pay KRW 1,668,134 of the aforementioned D retirement pay within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express will pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it can be acknowledged that the worker D has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided

arrow