logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.12.23 2016고정1407
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. The Defendant, as the representative of the Sincheon-gu B Building 302, 506, the main body of the building No. 302, the main body of the building No. 506, is a person who runs an electronic equipment parts manufacturing business using

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay the total of 20,912,810 won as shown in the attached Form, including the amount of wages 1,324,020 won per month from November 3, 2014 to November 3, 2015, as well as the amount of wages 1,324,020 won per month from January 3, 2015, within 14 days from the date when the cause for payment occurred, without agreement between the parties to the attached Form.

B. In the event that an employee retires, the employer paid retirement allowances within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay KRW 2,723,410 of D retirement allowances from November 3, 2014 to November 3, 2015 at the workplace specified in paragraph (1) within 14 days from the date of retirement without agreement on extension of the due date.

2. The facts charged in this case cannot be prosecuted against the express will of the victimized employee under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the facts can be acknowledged that the victimized employee expressed his/her wish not to punish the accused after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure

arrow