logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.09.19 2014고단4280
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs eight full-time workers in the trade name of “D Co., Ltd.” in Busan Seo-gu and engages in shipbuilding, etc.

The Defendant, while serving as the head of production management department from May 15, 2012 to December 6, 2013 at the pertinent workplace, failed to pay the total of KRW 18,015,252 to retired workers E, including the amount of wages, refund for year-end settlement, and retirement pay for each individual in arrears, and did not pay KRW 68,052,012, which is the sum of wages, refund for year-end settlement, and retirement pay for each individual in arrears, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers

According to the records, it is recognized that all workers expressed their intention not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow