logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.25 2016고정1366
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual representative of C Co., Ltd. on the second floor of Yeongdeungpo-gu Seoul Metropolitan Government building B, who runs software development business using four full-time workers.

When a worker dies or retires, the employer shall pay the wages, etc. within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the payment date.

Nevertheless, the Defendant, who retired from office from October 1, 2014 to August 31, 2015, did not pay the amount of KRW 2 million for May 2015, and the amount of KRW 4 million for June 2015 to August 31, 2015, in total, KRW 14 million for each of the 4 million wages from June 2015 to August 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment date.

2. Determination and conclusion of the facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and are not prosecuted against the victim’s express intent under the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

Since the victim expressed his intention not to be punished against the defendant in this court after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow