근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of C Co., Ltd. located in Kimpo-si and an employer who engages in a manufacturing business using seven full-time workers.
A. The Defendant did not pay KRW 3,058,730 of the retirement allowance of his/her retired worker D on May 31, 2013, within 14 days from the date of his/her retirement without any agreement on extension of the payment deadline.
B. The Defendant did not pay the said employee D’s wages of KRW 32.5 million, retirement allowance of KRW 4,525,060, respectively, within 14 days from the date of the said retirement without agreement on the extension of the payment deadline, when he/she worked again from September 1, 2013 to around June 30, 2015 at the said workplace.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 (Payment of Wages) of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each worker;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act (unpaid wages) and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (unpaid amount of retirement wages).
C. On July 6, 2017, the filing of an agreement with the injured party on the same day as the purport that the injured party is not subject to punishment, which was made after the institution of public prosecution.
Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.