근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant is the representative director of Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, who is a representative director of the Dispute Resolution Co., Ltd., and operates a manufacturing business using five full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables, and retirement allowances within 14 days after the cause for such payment occurred, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
Nevertheless, the Defendant is working in the above workplace from September 18, 2017 to August 31, 2020.
The retired E’s total amount of wages and retirement allowances of 25,06,359 won, including the total amount of 25,006,359 won, did not pay 49,24,552 won in total for three workers within 14 days from the date of retirement without any 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, 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) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act;