근로기준법위반등
The prosecution of this case is dismissed.
The summary of the facts charged is that the defendant is the representative of the C company located in B at the time of racing and is an employer who engages in the manufacturing business (automobile parts) by employing five full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay KRW 957,155 as well as KRW 6,005,50,000,000 from May 16, 2015 to May 2015, as well as KRW 6,005,50,00,000,00 for the total wage of two workers indicated in the detailed statement of individual wages in the attached Form, within 14 days from the date of his/her retirement, without any agreement on the extension of the due date between the parties.
2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total amount of KRW 9,127,848 as well as KRW 3,489,126 of the retirement pay of the above D, within 14 days from the date of retirement, which is due, without an agreement between the parties on the extension of the due date.
Judgment
The applicable provisions to facts charged: Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the Labor Standards Act, Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act, which is after the prosecution of this case, and on October 27, 2016, each damaged worker expressed his/her intention not to be punished.
(b) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;