logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 장흥지원 2018.03.22 2017고단180
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

Dismissal of Public Prosecution

1. Summary of the facts charged in this case

(a) When a worker dies or retires, an employer shall pay the worker wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from June 13, 2016 to March 14, 2017, had been engaged in production in the same workplace and had retired from the same workplace, and had not paid KRW 17,765,271 in total, including KRW 2,487,068, as well as KRW 17,765,271 in the attached crime list (1) as in the previous crime list (1).

2) The Defendant is the representative director of the D Co., Ltd., Ltd., which is located in Seoul, both in South and North Heung-gun, who ordinarily employs twelve workers and operates the manufacturing industry.

Wages shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant served on September 1, 2016.

E- With respect to the failure to pay KRW 1,498,680 on March 3, 2017, the total amount of wages of 12,795,366 won was not paid on the monthly regular payment day, such as the list of offenses (2) in attached Form 3.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant, from September 9, 2013 to September 9, 2016, was serving in the said workplace and did not pay KRW 2,000,000 of retirement pay to retired workers within 14 days from the date of retirement.

2. Determination

A. Article 109(1) and Article 36(2) of the Labor Standards Act applicable to a crime sight table (1) (1) and (1) of the relevant Labor Standards Act: The victims in attached Form 109(2)3 of the Labor Standards Act express express expression of their desire not to punish the Defendant after the instant indictment (written application is submitted).

B. Article 10 of the Labor Standards Act (2) Applicable to a violation of relevant Labor Standards Act: Article 109 of the Labor Standards Act.

arrow