근로기준법위반등
The prosecution of this case is dismissed.
The Defendant, as the representative of the (State) Category D of the building B at Gunposi, is an employer who runs a service business using 12 full-time workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker 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 did not pay KRW 18,051,976 within 14 days from the date of retirement, without agreement on extension of the due date for payment between the parties, in the said workplace from January 7, 2015 to November 30, 2015, and from February 24, 2016 to March 31, 2019, the sum of money and valuables of KRW 14,095,976 and annual allowances of KRW 3,956,00.
2. 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 did not pay KRW 1,354,290, which is part of the retirement pay of the above E, within 14 days from the date of retirement without the agreement on the extension of the payment period between the parties.
Judgment
(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) The victim is not subject to punishment after prosecution;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;