근로기준법위반등
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is an employer who runs the business of manufacturing man-made sculptures by employing four full-time workers, namely, the Dong-gu C building in Yongsan-gu, Busan-gu, the third lock, and D’s practical manager in accordance with subparagraph 617 of the same Article.
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 worked in the above workplace from February 6, 2012 to December 4, 2015, and did not pay the total of 23,645,059 won for the total of 23,65,059 won for three retired workers of the above workplace as stated in the list of crimes in attached Form E, as well as 252,152 won for retired workers E, within 14 days from the date of retirement without any agreement on the extension of the date of payment between the parties.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total amount of KRW 22,970,218 as well as KRW 11,347,848 of the retirement allowances of E employed and retired workers in the above workplace, as described in the list of crimes in the attached Table, within 14 days from the date of the retirement without any agreement on the extension of the payment deadline between the parties.
2. The part concerning the violation of the Labor Standards Act, among the facts charged in the instant case, is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. The part concerning the violation of the Labor Standards Act, which violates the Labor Standards Act, is a violation of the Labor Standards Act.