근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative of Dongdaemun-gu Seoul Metropolitan Government (State)C, is an employer who runs clothes manufacturing and wholesale and retail business using two full-time workers on the third floor of E department stores located in Daegu Jung-gu.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 did not pay 6,790,120 won in total, including 6,790,120 won in F, etc., as indicated in the list of crimes in the separate sheet of crimes, as well as 6,790,120 won in total, which was 1,512,990 won of the F, which was working in the above workplace and retired on April 20, 2015, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.
(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if 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 3,732,040 retirement allowances of FF retired on April 20, 2015 within 14 days from the date of retirement without agreement on the extension of payment period between the parties.
2. Grounds for dismissing public prosecution;
(a) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. Submission of a written withdrawal of complaint by the complainant after the indictment of this case
C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)