근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant is the representative director of C, a corporation located in Daegu Dong-gu, who runs an advertising business using 30 full-time workers.
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, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant, who was employed from December 26, 2017 to April 6, 2020, did not pay the total amount of KRW 10,413,427, and the total amount of KRW 17,144,018, including KRW 2,200,00 and retirement allowances in February 2020 and KRW 5,502,044 of the retirement allowances of the retired worker D, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as shown in the separate crime list.
2. Determination
(a) Crimes of non-violation of intention (Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);
B. The worker expressed his intention not to punish after the prosecution of this case
C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)