logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.07.13 2018고단1481
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer as the representative of Mapo-gu Seoul Metropolitan Government (State)C.

(a) An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the payment deadline;

From January 1, 2015 to January 31, 2018, the Defendant did not pay KRW 27,884,712, including KRW 14,178,892, as well as KRW 27,88,712, including two workers indicated in the attached list of crimes, within 14 days from the date of retirement, even though there is no agreement between the parties on the extension of payment period.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment deadline.

From January 1, 2015 to January 31, 2018, the Defendant did not pay KRW 11,617,393 as well as KRW 36,565,146 in total for four employees as stated in the list of the crimes in the attached Table, even though there is no agreement between the parties on the extension of the payment date, within 14 days from the date of retirement.

2. Violation of the Labor Standards Act due to unpaid wages, and violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits). Since the injured workers submitted to this court a petition withdrawal statement expressing the victim’s intent not to be punished, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

arrow