logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.01.16 2017고단2916
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of the joint C&C company that is linked to the B and the third floor in Bupyeongcheon-si, and is an employer who employs three full-time workers and operates a temporary agency business.

1. 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.

Nevertheless, the Defendant employed from March 4, 2016 to June 3, 2017 at the said workplace and retired from the said workplace did not pay the aggregate of the wages of KRW 2,250,00 in March 2017, KRW 2,250,00 in April 1, 2017, KRW 2,250,00 in May 2017, and KRW 6,975,000 in June 225, 2017, and KRW 6,975,00 in June 3, 2017, and KRW 1,762,67 in June 3, 2017, KRW 1,80 in April 1, 207, KRW 76 in June 1, 207, KRW 76 in June 1, 207; and KRW 367 in June 1, 207 in June 1, 2017; and

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the suspect had worked from March 4, 2016 to June 3, 2017 at the above workplace and had not paid KRW 2,758,840 of D retirement pay 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. Determination

(a) Crimes of non-violation of intention (Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Expression of intention not to punish the instant case after the indictment

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

arrow