logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.12.19 2016고단3008
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant, as the representative of the D gas station in Goyang-gu Soyang-gu C, is a user who ordinarily employs two workers and operates gas station business.

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

Provided, That the date may be extended by mutual agreement between the parties if there are special circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 10,50,000 as indicated in the [Attachment 2], such as the wage of KRW 2 million in January 2016, 2016, to the above workplace from July 1, 2008 to March 31, 2016, to 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement on the extension of the due date between the parties concerned.

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

Provided, That the date may be extended by mutual agreement between the parties if there are special circumstances.

Nevertheless, the Defendant did not pay KRW 15,341,860 of E retirement pay from July 1, 2008 to March 31, 2016, and KRW 20,162,270 of F’s retirement pay from January 1, 2013 to March 31, 2016, as well as KRW 4,820,410 of F’s retirement pay from January 1, 2013 to March 31, 2016, without agreement on extension between the parties’ payment dates.

2. The facts charged in this case are crimes 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 Labor Standards Act.

However, after the prosecution of this case was instituted, E/F withdrawn the wish to punish the defendant.

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

arrow