logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.10.10 2013고단2859
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The accused of the facts charged is the representative of the Gangnam-gu Seoul Metropolitan Government (ju)C, who employs 20 full-time workers and carries out construction business (Pipe facilities);

A. E’s wage of KRW 2,80,000 on September 28, 2012, working from May 4, 2010 to September 28, 2012 at the site of the D apartment construction in Nam-si, Namyang-si, without agreement between the parties on the extension of the due date for payment, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, and

B. From May 4, 2010 to September 28, 2012, F retirement allowance of KRW 6,674,960, and KRW 9,737,330,00, working for work from March 28, 201 to May 30, 2012, did not pay KRW 9,737,330 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date for payment.

2. The above facts charged are crimes stipulated in Articles 109(1) and 36 of the Labor Standards Act and crimes stipulated in Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the public trial records, it is recognized that all of the above workers after the prosecution of this case declared that they would not be punished against the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act and it is so decided as per Disposition

arrow