logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2014.01.29 2013고정244
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a personal constructor who resides in No. 601, 704, Dongdong-si, and runs a construction business with three full-time workers at the studio-Newly constructed construction site located in Ansan-dong-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 if special circumstances exist.

Nevertheless, the defendant works under the jurisdiction of the defendant.

In September 3, 2012, wages of KRW 1,100,000 on July 7, 2012, wages of KRW 1,705,00 on August 2012, and wages of KRW 275,000 on September 2012, 2012, total wages of KRW 3,080,00 on September 3, 2012 were not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

According to the records, it can be recognized that D, the injured party, withdrawn his/her wish to punish the Defendant on October 17, 2013, which was after the public prosecution of this case was instituted by D. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow