근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the actual manager of 'D' in the Gyeonggi-si Government of the Republic of Korea, who ordinarily employs two workers and operates a private company.
When a worker retires, the employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.
Nevertheless, from August 21, 2015 to July 28, 2019, the Defendant did not pay the total of KRW 13,028,00, retirement allowance of KRW 11,655,778, which was worked at the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. Determination of applicable provisions of Acts: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (in cases of non-payment of retirement allowances): The case where a worker E withdraws his/her wish to punish the accused after the prosecution of this case under the proviso of Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and the case where a worker E withdraws his/her wish to punish the accused (in cases of non-payment of punishment filed on December 2, 2020): Article