근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an employer who runs the bio-manufacturing business by employing six full-time workers as the representative director of the former building B or D Co., Ltd., which is located in the former building B or C during the period of awareness of facts charged.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
However, the Defendant was working as the vice president for the development of dementia diagnosis devices from September 5, 2019 to February 15, 2020, and the amount of KRW 9,729,879,897 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment. The Defendant did not pay KRW 8,33,32 (each month 2,083,333) and KRW 1,07,586, and KRW 318,97,89,000,000,000 from October 5, 2019 to January 20, 2020.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;
C. The injured employee after prosecution submitted “written application for punishment (agreement)” with the purport that he/she does not want punishment against the Defendant.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;