근로기준법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the actual manager of C Co., Ltd. in Incheon Strengthening Group B, who runs a manufacturing business of office supplies using four full-time workers.
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 had worked from July 1, 2012 to February 15, 2016 at the above workplace and did not pay KRW 5,687,50,00 within 14 days from the date of retirement, without agreement on extension of the due date between the parties to the payment, as total of the wages of KRW 1,50,000 in November 1, 2015, KRW 1,50,000 in December 201, KRW 1,556,250 in January 2016, KRW 1,131,250 in February 1, 2016.
2. Judgment dismissing public prosecution; and
(a) Applicable provisions of Acts: Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017);
(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.
(c) Declaration of non-existence of punishment: A worker D's agreement, stating the intent of non-performance of punishment for the accused, is submitted to this court on April 2, 2019;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;