근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of the (ju)C in the following cities, is an employer who runs a research and development business with six regular workers.
When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.
Nevertheless, the Defendant, around November 10, 2018, did not pay KRW 1,80,000 of the wages of 1,80,000 retired from the said workplace in August 2018 within 14 days from the date of retirement and did not pay the total of KRW 36,766,66, and retirement allowances total of KRW 16,957,413 within 14 days from the date of the date of the occurrence of the cause for the payment, as stated in the attached Table “crime List.”
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act (the point where wages, etc. are not paid), Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point where retirement allowances are not paid);
(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
(c) Submission of written agreements on July 22, 2019;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;