근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant is an employer, who is a representative director C (State) located in Chungcheongnam-si, Kim Jong-si, who ordinarily employs 30 workers and is engaged in construction business.
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 works for the construction site of the officetel located in Sungwon-si, Sungwon-si from September 1, 2018 to February 28, 2019.
The retirement E’s wage of KRW 2,868,750 for December 2018, the wage of KRW 6,298,750 for January 2019, and KRW 14,305,00 for February’s wage of KRW 5,137,50 for retirement shall not be paid within 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 extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (2) and 36 of the Labor Standards Act;
(b) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act;