logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.12.10 2014고단1599
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Defendant A is an employer who is in office as the president of a school juristic person E-private teaching institute in Jeju from January 18, 2011 to September 30, 2013 and operates an educational business with 70 full-time employees.

Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to wages, allowances, or other equivalents paid temporarily, or those wages prescribed by Presidential Decree.

Nevertheless, Defendant A did not pay F’s wages of 3,148,210 won in August 1, 2013, and monthly wages of 4,651,690 on the 21st day of each month, which is the regular payment date, from February 1, 2002 at the above workplace.

Defendant

B From October 31, 2013 to October 31, 2013, it is an employer who is engaged in educational business with 70 full-time workers working as the president of a school juristic person E-school in Jeju City.

Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to wages, allowances, or other equivalents paid temporarily, or those wages prescribed by Presidential Decree.

Nevertheless, Defendant B did not pay 3,213,240 won in November 1, 2013, wage 3,215,230 won in December 3, 2015, wage 6,391,180 won in January 2014, and monthly wage 3,230,350 won in December 21, 2013 at the above workplace.

2. The above facts charged are crimes falling under Articles 109(1) and 43(2) of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the trial records of this case, since F after the indictment of this case was instituted, submitted a written agreement containing the contents that F would not want the punishment of the Defendants, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow