근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative of the D Company located in the Seoul Special Metropolitan City Gwangjin-gu building C, is an employer who is engaged in exhibition, convention and event agency service by using one full-time employee.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.
Nevertheless, the defendant is working from November 3, 2017 to January 31, 2019 at the above workplace.
Withdrawn E’s wage of KRW 20,124,680,00 in January 1, 2019, and KRW 14 days from April 1, 2018 to January 31, 2019, as shown in the list of crimes in attached Table, such as KRW 1,700,00 in January 31, 2019, which retired from employment, did not pay KRW 20,124,680 in total, without any agreement between the parties on the extension of the due date for payment.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the defendant is working from November 3, 2017 to January 31, 2019 at the above workplace.
The retirement allowance of retired E was not paid KRW 3,405,411 within 14 days from the date of occurrence of the cause for payment without an agreement between the parties on the extension of the due date.
2. Determination
(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. After the prosecution of this case, the employee expressed his wish not to punish the defendant.
Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act