근로기준법위반
All of the prosecutions of this case are dismissed.
1. The Defendant, as the (main) C representative director of Gangnam-gu Seoul Metropolitan Government 4th floor of the building B, is a user who conducts electronic commerce by using three full-time 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 February 4, 2019 to September 13, 2019 at the above workplace.
D's wages of 7,083,333 won in July 2019, wages of 7,083,333 won in August 2019, and wages of 3,069,444 won in September 2019, total wages of 17,236,110 won in attached Form, and 29,402,110 won in total were not paid within 14 days from each retirement date without agreement between the parties to the extension of the due date 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. On June 23, 2020, after the institution of public prosecution, a written application for non-prosecution for the punishment of workers was submitted.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;