logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.10.02 2019고단1272
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the president of the C Hospital in the Seo-gu in Gwangju, is an employer who runs a medical service business using 35 full-time workers.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen 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, the Defendant, while working at the pertinent hospital from May 2, 2018 to December 31, 2018, did not pay the total of KRW 3,627,520 of the wages and retirement allowances of 34 workers within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, and did not pay the total of KRW 229,901,618 of the wages and retirement allowances of 34 workers within 14 days from the date of each retirement without any agreement on the extension of payment date between the parties concerned.

2. Determination

(a) Violation of the applicable provisions of Acts (1) : Articles 109(1) and 36(2) of the Labor Standards Act: Violation of the Guarantee of Workers' Retirement Benefits Act: Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Violation of the Labor Standards Act: Violation of the Act on Guarantee of Workers' Retirement Benefits: proviso to Article 44 of the Act on Guarantee of Workers' Retirement Benefits;

C. Declaration of non-existence of punishment: A statement of withdrawal of a complaint on August 13, 2019, which states that the victim does not want to be punished in the name of the victim, was submitted to the court after the institution of the instant indictment.

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

arrow