근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of the C stock company in Haan-gun B, is an employer who runs mining machinery manufacturing business using 12 regular workers. A.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, from December 1, 2006 to March 31, 2019, worked as an employee in charge of production management at the pertinent workplace and retired workers D's wages of 130,640 won on November 1, 2018, as shown in the list of personal overdue money and valuables in attached Form 84,796,763 won in total, as well as 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the payment and the parties to the payment.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant, from December 1, 2006 to March 31, 2019, worked as an employee in charge of production management at the pertinent workplace and did not pay KRW 22,598,722 of retirement allowances of retired workers D, as well as KRW 235,075,425, total amount of retirement allowances of 9 employees, such as the list of individual delinquent money and other valuables in arrears, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the payment
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against or against the victim’s explicit intent.
However, according to each written application for criminal punishment submitted after the prosecution, all workers do not want to punish the defendant.