logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2015.04.29 2015고정64
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the defendant who employs 23 full-time workers as the representative director of C(ju) in racing-si and operates accommodation business, etc.

Defendant in violation of the Labor Standards Act is working at the same workplace on July 12, 2014.

Money and valuables of KRW 1,245,118 in total, as shown in the list of crimes in attached Form, including KRW 90,720, and KRW 150,878, July 201, 201, of retired workers D’ night work allowances of KRW 90,720, and KRW 150,878, shall be paid at the same place of business on the same day.

A retired worker E’s money and valuables of KRW 1,235,859 in total, as shown in the separate list of crimes, including KRW 112,210, and KRW 74,209, July 7, 2014, were not paid within 14 days from the date of retirement, respectively, without an agreement on extension of the due date between the parties to the labor contract.

B. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is working at the same workplace as the preceding paragraph on July 12, 2014.

The retirement allowances of retired workers D, 3,933,181 won and retirement allowances of E, 3,070,130 won, respectively, have not been paid within 14 days from the date of retirement, which is the due date, without any agreement between the parties concerned on the extension of the due date.

2. Each of the above facts charged is a crime of non-compliance with the intention of the victim. Since it is apparent in the record that the victims submitted a written withdrawal of a complaint containing an intention of not wishing to punish the defendant on February 26, 2015, which was after the prosecution of this case, it shall be dismissed in entirety in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

arrow