근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant, as the actual representative of the cwel in the racing-si, is an employer who runs a lodging business with three regular workers employed.
1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, on February 18, 2017, the Defendant did not pay KRW 5,806,667, in total, KRW 5,706,67, and KRW 1,260,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.
Nevertheless, on February 18, 2017, the Defendant did not pay KRW 4,569,349 of retirement allowances of D's retired workers around February 18, 2017 within 14 days from the date of retirement.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;
(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
C. On February 7, 2018, no penalty for the above worker was imposed after prosecution was instituted.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;