logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.10.27 2015고단1135
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the D Co., Ltd. in Kimhae-si, who runs the electric parts manufacturing business using 40 full-time workers.

From December 1, 2010 to September 15, 2013, the Defendant, while working as a research and development institute at the pertinent place of business, did not pay wages of 11,835,000 won for retired workers E and retirement allowances of 935,000 won within 14 days from the date of his/her retirement without an agreement on the extension of the due date.

The defendant, including this, did not pay 133,93,697 won in total, including four employees, within 14 days from the date of his/her retirement, without any agreement on extension of the due date, as stated in the attached list of crimes.

2. The above determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the victims of this case can recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow