근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is a person in charge of business management who operates an educational service chain (ju) using eight full-time workers in Seongdong-gu Seoul Metropolitan Government (D 1805).
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 had worked in the above workplace from July 1, 2014 to March 31, 2015 and did not pay a total of KRW 4,845,347, including KRW 806,423, Jan. 2015, and did not pay KRW 31,955,858 of the wages of seven workers within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Table.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
(c) Judgment dismissing a public prosecution: The victims' non-exploited intent to punish (Article 327 subparagraph 6 of the Criminal Procedure Act);