근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the actual manager of C in P, who is located in P, who employs three regular workers and operates a Chinese restaurant business.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurs.
Provided, That in special circumstances, the period may be extended by mutual agreement between the parties.
Nevertheless, the Defendant is working from October 13, 2012 to February 23, 2014 at the above workplace.
A retired employee D’s total of KRW 1,33,30 on February 2, 2014, and KRW 600,000 on February 2, 2014, and KRW 1,333,330 on February 2, 2014, did not pay each payment within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurs.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, from October 13, 2012 to February 23, 2014 at the above workplace.
Retirement allowances of retired D 1,506,431 won, and labor from October 13, 2012 to February 24, 2014
The retirement allowance of retired E was not paid KRW 1,207,325, total amount of KRW 2,173,756 within 14 days from the date of retirement without any agreement between the parties on extension of the due date.
2. Application for a judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act; Article 109(3) of the Labor Standards Act; proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (applicable to the purport that the victims submitted as of November 6, 2014 were not punished by the defendant);