logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2021.03.30 2020고단3400
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who employs six full-time workers and operates system software development business as an actual manager of the amended building B or D Co., Ltd. in Sungnam-si, Sungnam-si.

When a worker dies or retires, an employer shall pay the wages, compensations, and all other money and valuables, and retirement allowances within 14 days after the cause for such payment occurred, and extend the date, under special circumstances, by mutual agreement between the parties concerned.

The Defendant did not pay KRW 170,208,08,083 in total for three workers, as stated in the list of crimes in the attached Table, as well as KRW 18,58,184, total amount of wages and retirement allowances of E, who retired from the said workplace from June 1, 2018 to July 12, 2019, within 14 days from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

According to the records, employee E’s E indictment is written as “H,” but it is apparent that it is a clerical error in “E”;

F and G are recognized as having expressed their intent not to be punished against 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