근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is the actual manager of the company C, which is located in Jung-gu, Incheon, 2, 4, 102, and 102, who ordinarily employs seven full-time workers and engages in product packing business.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the period may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 7,251,00,00 of the F’s paid holiday allowances, as stated in the Schedule of Crimes, within 14 days from the date of retirement, without an agreement between the parties to the extension of payment date, as well as KRW 172,00,00,00 of the F’s paid holiday allowances, which were worked from March 1, 2013 to June 22, 2017, from March 1, 2013 to June 22, 2017.
(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant employed from March 1, 2013 to June 22, 2017 at the above workplace and did not pay KRW 4,219,152 of the F's retirement pay within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. On November 8, 2017, after the institution of the instant indictment, submission of a written agreement to the effect that employee F does not want punishment against the Defendant.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;