근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is that the Defendant is a user who runs a cosmetic manufacturing business using two full-time workers as the C representative director of the company located in Cheongbuk-gun B in Cheongbuk-do.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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 is working from April 10, 2009 at the above workplace.
On June 1, 2014, an employee D retired on February 1, 2014, paid 12,300,000 won in total for two retired workers as indicated in the following crime sight table, as well as 12,30,000 won in total for 14 days from the date of retirement without agreement on the extension of the due date between the parties.
[Defendant-Appellee] Wages during the period of service of workers from February 1, 2014 to May 31, 2014, 2002: D 1,100,000 up to April 10, 2014 to May 31, 2014; 1,400,000 up to May 31, 2014; 1,1,000,000 up to 1,40,30,000; 5,300,000; 2 E 2, 200,000,002,000,002,002,000,000,000, 2,000,000, 2,000,000,000, 2,000,000,000,00;
2. An employer under the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.
Nevertheless, the Defendant had worked from April 10, 2009 at the above workplace and had not paid KRW 6,472,601 of retirement allowances of the retired worker D on June 1, 2014 within 14 days from the date of retirement where the cause for payment occurred without agreement between the parties to the extension of the due date.
2. The crime of non-compliance with the intention of the Commission (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act) is to withdraw the wish to punish after a prosecution is instituted (Submission of the written withdrawal of complaint on September 26, 2014).