근로기준법위반등
The prosecution of this case is dismissed.
1. The gist of the facts charged is that the Defendant is the representative of the Co., Ltd. Co., Ltd. in Nam-gu, Namdong-gu, Incheon, and 202, who is engaged in construction by using
When a worker retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
except that if there are special circumstances, the date may be extended by an agreement between the parties.
The Defendant in violation of the Labor Standards Act provided labor at the foregoing workplace from June 8, 2015 to June 8, 2016, and did not pay KRW 6,400,000 in total as stated in the attached crime list, including KRW 750,00,000, as well as KRW 750,000,000, as stated in the attached crime list, within 14 days from the date of retirement without any agreement between the parties to the extension of payment.
B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 1,475,431 of the retirement allowances retired from the said workplace within 14 days from the date of retirement without an agreement between the parties to the extension of payment, from June 8, 2015 to June 8, 2016.
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. On December 14, 2016, the victim, after filing a prosecution, indicated his/her intention not to punish the Defendant.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;