근로기준법위반등
All of the prosecutions of this case are dismissed.
1. In the facts charged, the Defendant is a representative of the building C and E in the building C and subparagraph (D) of the Yeongdeungpo-gu, who employs not more than five full-time workers and operates a bus business.
The Defendant did not pay KRW 22,318,770 in total wages and annual allowances of two workers within 14 days from the date of retirement, as stated in the attached Table of Crimes, as well as KRW 316,690 in April 16, 2015, who worked in the above workplace from March 16, 2015 to May 13, 2018, as well as KRW 22,318,770 in total, as indicated in the attached Table of Crimes List.
B. The Defendant did not pay KRW 6,501,717 of F’s retirement allowances working in the above workplace as described in the foregoing paragraph (1) and did not pay KRW 11,336,168 in total for two employees within 14 days from the date of retirement without agreement on extension of the due date between the parties, as stated in the list of crimes in the attached Table.
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. Each "agreement and non-application for punishment" of the worker who stated his/her intent to not pay punishment against the defendant is submitted to this court.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;