logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2014.07.10 2014고정298
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of the C Co., Ltd. located in Ansan-si and employer. The Defendant re-entered while working from August 16, 2005 to February 28, 2010 and served from May 20, 2010 to December 31, 2012, and did not pay the total amount of wages of KRW 29,361,50 and retirement allowances of KRW 9,38,00 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Of the facts charged in the instant case, the charge of unpaid wages is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and the charge of unpaid retirement allowances is an offense falling under Articles 109(2) and 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and the charge is not prosecuted against the victim’s explicit intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, D may recognize the withdrawal of his/her wish to punish the defendant on July 9, 2014, which was after the prosecution of this case, after which D had been instituted, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow