근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as a representative of the Seocho-gu Seoul Metropolitan Government Group (State) Group and (State) D Group, is a business owner who ordinarily employs 50 workers and engages in real estate advisory brokerage and video production distribution business.
When a worker retires, an employer shall pay wages, retirement allowances, compensation, and other money or valuables within 14 days from the date on which the cause for such payment occurred.
A. The Defendant in violation of the Labor Standards Act did not pay KRW 2,294,110,00 in total, within 14 days from each retirement date, as well as KRW 773,60,00,00 of wages E of retired workers E, who were employed on October 16, 2016 at the above Group (State) Group, and KRW 2,294,110 in total, in arrears with two retired workers, as shown in attached Table 1 and 3 re-statements.
B. The Defendant in violation of the Workers’ Retirement Benefit Security Act did not pay KRW 3,361,80 of the F’s retirement pay to the said (State) Group on October 22, 2016 within 14 days from the date of each retirement without any agreement between the parties on extension of 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. According to the statement of withdrawal and copy of identification card submitted by the defendant after the closure of the trial, workers E and F have withdrawn their wish to punish the defendant.
judgment
(c) Dismissal of public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;