근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant, as the representative director of Suwon-si (C) C in Suwon-si B, is an employer who runs a construction business by ordinarily employing not less than 30 workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 is working from July 27, 2018 to August 18, 2018 at the above workplace.
D's wages of 7,419,350 won in August 2018, including five wage of 7,419,350 won, did not pay 37,096,750 won in total within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;
(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.
(c) Declaration of non-existence of punishment after the institution of public prosecution: The victims submitted on April 13, 2020 who filed a complaint on April 3, 2020 shall be subject to withdrawal and non-payment of punishment.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;