logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.07.15 2013고정2072
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative C Co., Ltd. located in the building 603 in Nam-gu Incheon Metropolitan City, runs the management business of rearrangement projects using six full-time workers.

The Defendant did not, without agreement on the extension of the payment period, pay the amount in arrears of D 31,60,000 won (the amount in arrears of 3,950,000 won in June 8, 201, the amount in arrears of 3,950,000 won in July 3, 201, the amount in arrears of 3,950,000 won in September 3,950, the amount in November 3, 1950, the amount in arrears of 3,950,000 won in December 3, 205, the amount in arrears of 3,950,000 won in May 3, 2012, the amount in arrears of 3,950,000 won in June 3, 205, the amount in arrears of 3,950,000 won in November 3, 191, the amount in arrears of wage of 3,950,000 won.

B. The Defendant did not pay KRW 22,495,850 of D retirement pay from January 8, 2007 to November 30, 2012 within 14 days from the date of retirement, without any agreement on extension of the due date.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the facts that the victim withdraws his/her wish to punish the Defendant on July 1, 2013, which is the date the instant prosecution was instituted, can be acknowledged. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6

arrow