근로자퇴직급여보장법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged in this case is that the Defendant, as the representative of the Co., Ltd. Co., Ltd. with the fifth floor of Incheon Gyeyang-gu building B, runs a construction business by using 16 workers at the time.
(a) An employer shall, if a worker retires, pay the retirement allowance within 14 days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant worked in the above workplace from March 7, 2013 to October 31, 2015 and did not pay 9,150,340 won, including the total of 6,165,640 won of retirement allowances and 6,640 won of retirement allowances of E from September 13, 2010 to November 11, 2015, and 2,984,700 won of retirement allowances of E from September 13, 2015, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.
(b) When a worker dies or retires, the employer shall pay the 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 employed in the above workplace from October 1, 2014 to July 31, 2015 and did not pay KRW 2,574,49 within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates. The defendant did not pay KRW 1,683,439 in total, and KRW 891,060 in July 2015, including KRW 891,060 in July 2015.
2. Determination
(a) Crimes of non-violation of an intention: proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, Article 109 (2) of the Labor Standards Act;
B. Submission of a written withdrawal of each petition (Complaint) stating that workers E, D, and F do not want punishment against the defendant on June 1, 2016, which was after the prosecution of this case, after the prosecution of this case
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;