근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative of the Co., Ltd. C in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, is an employer who ordinarily employs 13 workers and engages in the manufacturing and wholesale business of fire pipes.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 worked in Seoul (Seoul), the branch office of Geumcheon-gu), from December 3, 2018 to March 31, 2019, and did not pay KRW 3,500,000 on March 3, 2019, which was retired, within 14 days from the date of retirement without an agreement between the parties on extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;
(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.
(c) Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act.