beta
(영문) 대구지방법원 경주지원 2015.06.10 2015고단241

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual representative of the Co., Ltd. C in the racing-si, who employs three full-time workers, and operates the manufacturing business.

When a worker retires, an 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 worked at the pertinent workplace from January 15, 2013 to March 31, 2014, and on April 1, 2014, the Defendant did not pay the total of 26,263,520 won of the two workers’ wages within 14 days from the date of retirement, as indicated in the attached list of crimes, including KRW 1,440,190, August 1, 2013.

(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 worked in the foregoing workplace from January 15, 2013 to March 31, 2014, and worked in the foregoing workplace as retirement allowance 2,651,360 won of retired workers D, and from January 15, 2013 to March 31, 2014, and did not pay KRW 4,560,340, in total, KRW 1,908,980 of E’s retirement allowance as of April 1, 2014, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. Each of the facts charged in the instant case is a crime of non-violation of intention. The victims submitted a written agreement to the effect that they would not wish to punish the Defendant on June 4, 2015. Thus, all of the instant indictments are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.