근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who is a full-time employer who employs five workers as a representative of Seongdong-gu B and C in Changwon-si, Sungwon-si.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Nevertheless, from December 27, 2015 to June 30, 2019, the Defendant did not pay KRW 29,900,000 in total and KRW 7,989,583 in total and KRW 37,889,583 in total, including KRW 2,30,00 in March 2018, when he/she worked as a ice source at the above workplace, within 14 days from the date of the occurrence of the cause of the occurrence of the payment, 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 subparagraph 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. After the prosecution of this case, the injured worker expressed his intention not to punish the defendant (the written agreement dated August 14, 2020)
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;