근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant is an employer who has employed 13 full-time workers in the name of “C” in the name of “B building C” in Incheon Jung-gu, Incheon, and engaged in air cargo logistics service business.
According to the records of KRW 2,465,390 and retirement allowances of KRW 4,450,228 in July 1, 2017 and the records of KRW 4,450,228 of workers D who retired while working in the above workplace from August 1, 2016 to October 31, 2017, the Defendant’s “27,919,103 won” written in the written indictment is reasonable to view it as a clerical error, and thus, it shall be corrected ex officio.
20,413,930 won and total retirement allowance of 36,780,313 won and total amount of 36,780,313 won, as stated in the list of crimes in the separate sheet of crimes, including the failure to pay within 14 days from the date of retirement without agreement on the extension of the payment deadline.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act (the point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of unpaid wages);
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (Article 327 subparagraph 6 of the same Act and each written agreement dated May 29, 2018);