logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.01.27 2015고정1254
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Dispute Resolution Co., Ltd. and the user who employs eight full-time workers and operates the printing business.

An employer shall pay all money and other valuables, such as wages, within 14 days after the cause for such payment, such as the death or retirement of a worker, occurs.

However, in special circumstances, the payment period may be extended by an agreement between the parties.

A. The Defendant did not pay KRW 4,356,00 ( KRW 1,089,00 per month) for the total amount of wages from September 21, 2014 to December 31, 2014 of the retired workers D, who were working in the said workplace from January 21, 2013 to December 31, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties.

B. The Defendant did not pay KRW 2,072,270 of the retirement allowance of the employee D who retired from office as described in the above paragraph (a) at the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. The facts charged in this part of the judgment are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, 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 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victim has withdrawn his/her declaration of intent to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

arrow