근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The Defendant, as the representative of the Co., Ltd., located in the second floor of Dongjak-gu Seoul Metropolitan Government, is an employer who runs manufacturing and wholesale and retail business using four regular workers.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant works from June 1, 2016 to March 2, 2020 at the above workplace.
Wages of retired workers D, including 5,700,000 won, did not pay 11,700,000 won in total for two workers as shown in the attached list of crimes, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant works from June 1, 2016 to March 2, 2020 at the above workplace.
The retirement allowance of retired workers D, including KRW 7,058,287, did not pay the total of KRW 13,978,654 of the retirement allowance of two workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.
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. On November 20, 2020, after the institution of public prosecution, a written application for non-compliance with the punishment of workers was submitted respectively.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;