logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2017.02.03 2016고정574
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of C Co., Ltd. in the facts charged, employs 10 full-time workers and operates a business manufacturing stone materials.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and may extend the date by mutual agreement between the parties concerned, in exceptional circumstances;

Nevertheless, the Defendant, who retired from office from June 2, 200 to April 30, 2016, did not pay KRW 1,950,000 as the sum of D’s wages of KRW 650,000 on February 2, 2016, wage of KRW 650,00 on March 2016, and wage of KRW 650,000 on April 206, without any agreement between the parties on the extension of payment date, within 14 days from the date of retirement.

(b) An employer who violates a guarantee of retirement benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, and extend the payment date by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant, who was employed from June 2, 2008 to April 30, 2016, did not pay KRW 6,991,750 as retirement allowances for two employees, including KRW 1,948,280, and KRW 5,470, which were retired from office, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. The facts charged in the instant case are the crimes 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 dead will of the victims pursuant to Article 109(2) of the respective Labor Standards Act, Article 44 of the Workers’ Retirement Benefit Security Act, and Article 44 of the latter part of the Workers’ Retirement Benefit Security Act.

Accordingly, according to the statement of the withdrawal of the petition attached to the letter of withdrawal submitted by the prosecutor, D and E are against the defendant after the request for the summary order of this case.

arrow