근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the defendant, from November 30, 2012 to November 30, 2012, who is the representative of Seongdong-gu Seoul building and D Co., Ltd. located under the Seongdong-gu Seoul Metropolitan Government Building B and C, and is an employer who runs the artificial fishery
When a worker dies or retires, the employer shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.
Nevertheless, the defendant works in the above workplace from May 1, 2018 to May 8, 2019.
Withdrawn E’s wages of KRW 2,190,00 for January 2019, KRW 2,800,00 for February’s wages, KRW 2,800,00 for March’s wages, KRW 2,800,00 for April’s wages, and KRW 10,590,000 for April’s wages, without any agreement on the extension of the due date for payment between South Korea and North Korea, were not paid within 14 days from the date of the occurrence of the cause for payment.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the defendant works in the above workplace from May 1, 2018 to May 8, 2019.
The retirement allowance of retired E was not paid KRW 2,866,851 within 14 days from the date on which the grounds for such payment occurred, without any agreement between the parties on 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. After the instant indictment, the employee E expressed his/her wish not to punish the Defendant (see, e.g., the letter of withdrawal of the complaint on August 15, 2019)
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;