근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative of the D Cooperatives in the North Korean ports C at the North Korean ports, is an employer who runs transportation business (three previous bus) using eight full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant was working at the said workplace on September 11, 2017 and did not pay KRW 315,000,000 for the annual unpaid allowances, and KRW 1,358,700 for the annual unpaid allowances on August 2017, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant was working at the said workplace on September 11, 2017 and did not pay KRW 3,595,551, which was retired on September 11, 2017, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
2. Grounds;
(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
C. A written agreement including the expression of non-existence of punishment of victimized workers E after the prosecution of this case is instituted.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;