근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant, as the representative of the C Co., Ltd. in Scheon City B, is an employer who runs a manufacturing business by ordinarily employing 20 workers.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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, as indicated in the separate sheet, the Defendant, like the foregoing place of business, worked from February 20, 2014 to March 6, 2015, and did not pay KRW 6,990,000 of the weekly paid leave allowances of retired workers D within 14 days from the date of his/her retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment period.
(b) An employer shall, when a worker retires, pay a retirement allowance within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the payment deadline may be extended by mutual agreement between the parties.
Nevertheless, the defendant employed from February 20 to March 6, 2015 at the above workplace and did not pay 4,654,920 won of retirement allowances of retired workers D within 14 days from the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment period.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. After the prosecution of this case, the employee expressed his intention not to punish the defendant.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;