근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an employer who operates C using three regular workers as a name and a real representative of C located in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That where special circumstances exist, the date may be extended by an agreement between the parties.
Nevertheless, the Defendant did not pay D’s wages of KRW 1,70,000, and E’s wages of KRW 870,000, total amount of KRW 2,570,000, and total amount of KRW 2,570,000, which were worked for the same period at the above workplace from August 9, 2018 to September 3, 2018, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;
(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.
(c) Submission of an agreement on November 20, 2019, which was subsequent to the institution of public prosecution;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;