logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.09.18 2019고정1054
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative of the D Co., Ltd. in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu and C, who performed the "Sacheon-si E Apartment Reconstruction Construction" by using 50 regular workers.

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, from July 19, 2017 to February 13, 2018, the Defendant is working at the site of the reconstruction project of the above apartment.

The retired FF’s total sum of KRW 5,600,000 in the wage balance on December 2, 2017, KRW 3,300,000 in January 2018, and KRW 5,600,000 in February 1, 2018, and KRW 1,650,000 in the payment period between the parties concerned without any agreement on the extension of the payment period between them, respectively, was not paid within 14 days from the date of retirement.

2. Determination:

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. After the prosecution of this case, workers F withdrawn the wish to punish the defendant.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

arrow