근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of the Certified Judicial Scriveners Office located in Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu) Building C, who runs a service business using three full-time workers.
When a worker dies or retires, the employer in violation of the Labor Standards Act 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 did not pay D wages of KRW 7,900,000 from April 10, 2016 to January 31, 2017, as follows, within 14 days from the date of retirement without any extension agreement between the parties on the date of payment between the parties, with respect to D who worked in the above workplace from July 10, 200 to January 31, 2017.
On April 2016, 2016, June 7, 2016, 2016: around 700,000,000,000 on November 2017, 2016, October 2016, 2016; 800,000,000 80,000 on December 2017, 2016; 800,000,000 80,000,000 80,000,00080,00080,00080,0000 80,000,000 80,000 70,0007,90007, 90000,0000,0000 on December 20, 2016
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 did not pay KRW 4,015,961 of D retirement pay, which was worked from July 10, 2002 to January 31, 2017 at the above workplace, within 14 days from the date of retirement without any extension agreement between the parties on the date of payment.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. On August 14, 2020, the date of prosecution on August 14, 2020, an employee D expressed his/her intention not to be punished.
d.
Judgment dismissing public prosecution: Criminal Procedure Act.