근로자퇴직급여보장법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the user who runs electricity supply and control system business using ten full-time workers, who are the C representative director of the Sung-gu Seoul Special Metropolitan City Building B, Sung-gu, Seoul Special Metropolitan City, which is the Co., Ltd. B 201.
When a worker dies or retires, an employer violating the Labor Standards Act shall pay him/her 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 did not pay KRW 500,000 of the annual allowances of 2015 that he retired from the said workplace from office from September 27, 2012 to May 19, 2017, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.
When a worker retires, the employer who violates the Guarantee of Retirement Benefits of Workers shall pay the retirement allowance within 14 days after the ground for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the retirement allowance of KRW 13,404,796 to the retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties, as it worked from September 27, 2012 to May 19, 2017.
2. Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits: Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 327 subparag. 6 of the Criminal Procedure Act on March 9, 2018;