logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.01.29 2015고정2724
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative in Daegu Northern-gu B, is an employer who operates food machinery manufacturing business with six full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant did not pay KRW 254,654 on March 14, 2015 of his/her retired worker D who worked in the workplace from around July 14, 2014 to March 19, 2015, within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties concerned, and did not pay KRW 5,593,296 on the aggregate of six workers’ wages, etc. within 14 days from the date of his/her retirement, as described in the list of crimes in the attached Table.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records of this case, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on January 22, 2016, which was after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow