근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is the representative of D Co., Ltd. located in building B in the Nam-gu Incheon Metropolitan City building C, and the employer who runs a construction business by employing ten full-time workers.
An employer shall pay wages, compensations, and all other money and valuables, within fourteen days after a cause for such payment occurred, to the worker concerned in the course of his/her death or retirement.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from March 8, 2018 to June 11, 2018 at the above workplace.
The total amount of wages of KRW 2,870,000 in May 2018 and KRW 2,870,000 in June 2018 did not have been paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.
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) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (Agreement on September 3, 2018);