근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the sole internal director of the company B (Seoul, Gangnam-gu, and its head office: system and applied software development and supply, etc.) who is a person in charge of business management of the above company.
When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total amount of KRW 107,969,410 for the total five employees, including KRW 801,790 on September 1, 2014, retired from the said workplace as from March 16, 2011 to June 1, 2017, within 14 days after the retirement without agreement between the parties on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Table.
2. Determination
(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;
(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)an expression of intent that workers D, E, F, G, and H do not want punishment against the Defendant on February 6, 2018;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;