근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative of Yeongdeungpo-gu Seoul Metropolitan Government (ju) D and runs a business facility maintenance and management service business using 11 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 8,383,080, and KRW 775,720 of the unpaid amount of retirement allowance, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, in the building in Seocheon-gu, Seocheon-gu E, Incheon, and from July 2, 2014 to July 4, 2015.
2. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits: The crime of non-compliance with the intent of a victim under Article 109(2) of the Labor Standards Act, Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, and Article 327 subparag. 6 of the Criminal Procedure Act on September 26, 2016, which was following the prosecution under the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits