근로기준법위반
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
The Defendant, as an actual manager of “G” on the F main floor at the Namyang-gu, Gyeonggi-do, is an employer who runs wholesale and retail business using 25 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.
Nevertheless, the Defendant did not pay KRW 7,279,270, the sum of the wages of H and I worked at the above workplace as stated in the attached Table 2, 6, even though there was no agreement between the parties on the extension of the payment date, within 14 days from the date of each retirement.
Rejection of Public Prosecution
1. The summary of the facts charged is that the Defendant, as an actual manager of “G” on the F branch of the Namyang-si, Namyang-si, the Defendant is an employer who runs wholesale and retail business using 25 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.
Nevertheless, the Defendant did not pay the wages of B, C, D, and E working in the above workplace within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date, as stated in the attached Table Nos. 1, 3, 4, and 5.
2. Grounds for dismissing public prosecution;
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
(c) Expression of intention not to punish: Each written agreement received on October 27, 2017;
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;