beta
(영문) 의정부지방법원 2019.10.11 2019고단1099

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of B, runs a retail business of telecommunications equipment and appliances by ordinarily employing ten full-time workers under the building C in the Gu Government-si.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace, worked from May 1, 2014 to May 20, 2014, and retired from the workplace, did not pay the total of KRW 9,673,009 for four workers as well as KRW 1 million for May 2014, as shown in the annexed crime list, within 14 days from the date of each retirement 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;

(b) Workers shall express their intent not to be punished after prosecution.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;