logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.07.21 2020고정9
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, using three full-time workers, executes the interior of the coffee shop in Gwangju-dong-gu, Gwangju-gu.

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 is working from June 5, 2019 to June 20, 2019 at the above construction site.

In June 2019, the number of employees paid 8,710,000 won in total, including the wage of 2,200,000 won in June 201, as shown in the following table, was not paid within 14 days from each retirement date without an agreement between the parties on the extension of the due date.

(Unit) On June 1, 2019, the sum of the monthly arrears on June 5, 2019 through June 20, 2019.6.2,200,000 2,200,200,000 or 2D June 10, 2019 to July 20, 2019. 3,420,000 3,090,090,000 6,510,000 6,620,000 3,5,620,000 5,620,000 3,00,000 8,710,710,000

2. The facts charged in the instant case are that the prosecution cannot be instituted against the express will of the victimized employee under Article 109(2) of the Labor Standards Act.

However, according to the records, the fact that damaged workers C and D have withdrawn their intent to punish the defendant after the prosecution of this case is instituted can be acknowledged.

The public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow