근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of the (ju)C located in Gyeongnam-gun, is an employer who runs the manufacturing business of automobile parts by employing 16 full time workers.
(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages and other money or valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date for payment;
Nevertheless, the Defendant did not pay KRW 2,787,00 to workers D’ wages who worked in charge of production management from December 16, 2014 to August 31, 2017 at the above workplace, and did not pay KRW 6,352,800 in total of two workers’ wages within 14 days from the date of each retirement, as stated in the details of money and valuables in arrears by each individual.
(b) An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, unless the parties have agreed to extend the payment deadline;
Nevertheless, the Defendant did not pay KRW 7,387,459 of the retirement allowances of employees D who worked in charge of production management from December 16, 2014 to August 31, 2017 at the above workplace, and did not pay KRW 24,671,812 of the total retirement allowances of three employees within 14 days from the date of each retirement, as stated in the details of money and valuables in the attached Form.
2. Article 327 subparag. 6 of the Criminal Procedure Act, Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act (the victims’ penalty after the institution of the instant case was not available)