근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant is an employer who runs a manufacturing business using six full-time workers under the trade name of “stock company E” in Gangseo-gu Busan Metropolitan Government D.
When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and 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 the total amount of KRW 39,029,150,00 from December 18, 2014 to May 31, 2016 to retired workers F, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. After the prosecution of this case, a letter of revocation of complaint stating the victim's expression of intention not to punish the defendant is submitted.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;