근로기준법위반등
The prosecution of this case is dismissed.
1. The gist of the facts charged is that the Defendant is the representative director of Gwangju Metropolitan City C, a stock company located in Gwangju Metropolitan City Mine-gu B, who ordinarily employs ten workers and operates a manufacturing business.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and 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 is working from May 20, 2017 to May 23, 2019 at the above workplace.
A retired D’s wage of KRW 4,601,710, as well as retirement pay of KRW 5,662,40,940, KRW 2,579,570 on April 2, 2019, and KRW 1,812,20 on May 2, 2019, and KRW 4,601,710, and KRW 5,662,40 on September 6, 2016 to July 5, 2019.
The retired E’s wages and retirement allowances of KRW 4,260,540 in total of KRW 2,113,420 in April 2019, and May 2019, and KRW 6,029,550 in total, were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.
2. Determination:
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (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. Expression of intention not to punish each worker as stated in the facts charged after the prosecution date of this case
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;