근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the defendant who is the representative of the Dispute Resolution Co., Ltd. in the Gyeongsan-si, Gyeonggi-si, and operates the manufacturing business by employing two full-time workers.
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 in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant is working from May 26, 2016 to July 25, 2018 at the above workplace.
The retired worker E did not pay KRW 521,920,000 within 14 days after retirement without any agreement on the extension of the due date between the parties.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is above the above workplace.
As set forth in paragraph (1), labor shall be from May 26, 2016 to July 25, 2018.
The retirement allowance of retired workers E was not paid 4,035,038 won for 14 days from the date of retirement without agreement between the parties to the extension of the due date.
2. Determination
(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. Declaration of non-existence of punishment: On May 15, 2019, after the institution of this case was indicted, a written agreement and a written application for non-disclosure of punishment under E was submitted to this court.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;