근로기준법위반등
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is an employer as a person in charge of business management, who ordinarily employs 25 workers in D Co., Ltd. at the time of d Co., Ltd. and operates a vessel processing business.
Where an employee who violates the Labor Standards Act dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant works as the head of the production department from June 1, 2015 to June 30, 2016 at the said workplace.
The retired E’s wage of KRW 1,024,00 for March 2016, KRW 6,000 for April 2016, KRW 6,000 for wage of KRW 6,00,000 for May 2016, and KRW 19,024,00 for wage of KRW 6,000 for June 2016, and KRW 230,595,280 for delayed payment as indicated in the attached Form, were not paid within 14 days from the date of the occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.
B. An employer in violation of the Guarantee of Workers' Retirement Benefits Act, when a worker dies or retires, shall be paid a retirement allowance within 14 days from the date on which the cause for such payment occurred, but the Defendant works as the head of the production department from June 1, 2015 to June 30, 2016 at the same workplace.
Retirement pay of retired E 6,438,050 won, as shown in the attached Form, including 6,438,050
1. As indicated above, the total amount of KRW 19,505,470 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.
2. Determination and conclusion
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (main sentence)1 and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) A crime of non-violation of will: Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Act on Guarantee of Workers' Retirement Benefits.
C. The submission of a written withdrawal of a complaint on October 24, 2016 to the court after the institution of the prosecution, stating that the victimized workers would not want the Defendant to be punished, is submitted: the details of the money and valuables in arrears in attached Form.