근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant in the facts charged in the instant case is the C representative director of the Co., Ltd., which is located at the window B of Changwon-si, Changwon-si, who ordinarily employs five workers and operates a construction business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 did not pay KRW 21,827,520, respectively, within 14 days from the date of retirement as of the date of the occurrence of the cause for payment without an agreement on the extension of the due date for payment between the parties concerned, including KRW 21,827,520 of the wages of three workers, including KRW 2,168,640, September 2018, which was worked at the A/S Support Team from July 25, 2017 to November 30, 2018.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 8,250,000 retirement allowances, including 3,00,000,000 retirement allowances and 5,250,000,000, which were worked at A/S support team from February 22, 2017 to November 30, 2018 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date for payment.
2. Determination
(a) Applicable provisions of Acts: Article 109 (1) and Article 36 of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act;
(b) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;