근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is an employer who employs five full-time workers in Changwon-si C located in Changwon-si, Changwon-si, and operates manufacturing and wholesale and retail business of environmental machinery.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 746,756, the monthly wage of August 2, 2009, KRW 2,738,160, the monthly wage of KRW 2,691,160, the monthly wage of KRW 2,716,230, the monthly wage of KRW 2,716,230, the monthly wage of KRW 2,101,160, and the monthly wage of November and December of 2013, and KRW 13,709,709, and KRW 893, the monthly wage of KRW 2,101,357, as of January 2, 2013, without an agreement on the extension of the payment deadline between the parties concerned.
(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 agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 9,202,190 of the retirement allowances of the said employee D within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the payment due date
2. Determination
(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);
(b) The victim is not subject to punishment after the indictment of this case.
(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);