근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is a sole internal director of the company C in Songpa-gu Seoul Metropolitan Government, who is in charge of business management of the above company.
When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total amount of KRW 23,280,000 for the total three workers, as shown in the list of crimes (1) as well as KRW 1,930,00,00, retired from the said workplace as from April 1, 2017 to September 29, 2017, within 14 days after the retirement without any agreement on the extension of the payment period between the parties.
2. Determination
(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. The written agreement including the expression of intention not to punish victimized workers after the prosecution of this case was initiated.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;