근로기준법위반등
The prosecution of this case is dismissed.
The Defendant, as the representative director of the former building B and the E-listed corporation in heading C-D during the Gyeonggi-do period, is an employer who runs a technical service business (engineering and supervision) using 60 full-time workers.
When a worker dies or retires, the employer 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 worked from September 1, 2017 to June 30, 2019.
The retirement worker F's 3,769,231 won in April 2019 and 1,620,840 won in year-end year-end refund in 2019 and 5,390,071 won in total were not paid within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.
(b) When a worker retires, the employer shall 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 worked from September 1, 2017 to June 30, 2019.
The retirement allowance of the retired worker was not paid KRW 10,442,455 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
Judgment
(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 March 23, 2020 after the institution of public prosecution;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;