근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the actual representative of C Co., Ltd. in Haak-gun, Chungcheongnam-gun, who ordinarily employs 30 workers and operates laundry water disposal business.
When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, from August 1, 2017 to July 31, 2019, the Defendant works as a person in charge of laundry management at the E Hospital located in Seongbuk-gu, Changwon-si, Sungwon-si.
The retired F’s wages of KRW 15,574,440 and the total amount of KRW 19,927,544, including the total amount of KRW 15,353,104, and KRW 19,927,544, including the wages and retirement allowances for the total five workers, were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.
2. Determination
(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
(b) Non-compliance with punishment: Each application for non-compliance with punishment dated April 7, 2020;
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;