근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant in the facts charged is the representative director of C of the Songpa-gu Seoul Metropolitan Government building No. 8009, who ordinarily employs three workers and runs the wholesale and retail business of batteries.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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, who was employed by the above workplace from October 5, 2016 to February 28, 2017, did not pay the total of 15,80,780,780 won, including two retired workers, including the wage of 3,674,170 won in January 5, 2017, the wage of February 14, 2017, and the wage of 3,716,90 won in January 14, 2016 to February 28, 2017, and he/she did not pay the total of 15,80,780,780 won in February 4, 2017 to two retired workers, including the wage of 3,716,90 won in January 2017, and the wage of 3,308,310 won in February 20, 2017, respectively, within 14 days from the date of retirement without agreement between the parties.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
C. The written agreement including the expression of intention not to punish victimized workers after the prosecution of this case was initiated.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;