logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2014.04.08 2014고단335
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the B Company in Si/Gun/Dong, who is an employer. In this workplace, the Defendant did not pay the amount of KRW 428,640 per month from September 17, 2009 to February 28, 2013; KRW 2,205,520 per month from December 2012; KRW 2,205,520 per month from January 2013; KRW 2,205,520 per month from February 2013; and KRW 2,205,520 per month from February 2013; and KRW 2,889,850 as well as retirement allowances and KRW 2,850 within 14 days from the date on which the cause for the payment occurred without agreement on the extension of the due date.

2. Of the facts charged in the instant case, the charge of unpaid wages is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and the charge of unpaid retirement allowances is an offense falling under Articles 109(2) and 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and the charge is not prosecuted against the victim’s explicit intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, C may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on February 28, 2014, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow