logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.05.28 2013고단1026
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the B medical care center at Namyang-si, is an employer who runs a health business using seven regular workers;

1. From July 26, 2010 to August 3, 2012, a retired worker C’s wage of 300,000 won is not paid 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 on the extension of the due date for payment;

2. From the medical care center in violation of the Guarantee of Workers' Retirement Benefits Act, from June 1, 201 to June 11, 2012, the employee D's retirement allowances of KRW 1,217,280, from July 26, 2010 to August 3, 2012, the employee C's retirement allowances of KRW 3,274,970, from July 11, 201 to June 111, 2012, and the employee E's retirement allowances of KRW 2,682,110, from the date of the occurrence of the cause for payment without an agreement between the parties to the 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 express 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 (C, D, and E) after the prosecution of this case declared that they are not punished against the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

arrow