logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.26 2020고정936
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the C representative director of the agricultural company located in Gangnam-gu Seoul Metropolitan Government building B, is an employer who is a business management officer who employs one full-time worker in the Seocho-gu Seoul Metropolitan Government D Building E and carries out support projects for farmers to return to rural communities.

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 in extenuating circumstances.

Nevertheless, the Defendant did not pay the total wage of KRW 28,701,613, as well as KRW 250,000, monthly wage of KRW 250,000 from September 1, 2015 to October 30, 2017 at the above workplace, as well as the details of unpaid money and valuables, 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 extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 3,175,97 of F's retirement allowances from September 1, 2015 to October 30, 2017 at the same place of business 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.

2. Determination:

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. The employee F does not want the defendant's punishment after the indictment of this case

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

arrow