근로기준법위반
All of the prosecutions of this case are dismissed.
1. Defendant A, as the representative of the D Management Body in the Gunsan-si, was engaged in real estate management business by employing five full time workers from April 17, 2017 to March 4, 2018. Defendant B is the representative of the D Management Body from March 5, 2018 to March 5, 2018.
Wages shall be paid at least once a month on a fixed date.
Nevertheless, Defendant B did not pay the total of KRW 9,180,560,00 on the date of regular payment, as stated in the part of “1 Suspect” in the attached Table, including KRW 1,147,570 on February 2, 2018 of the worker E who works as U.S. dollars in the above D, as well as KRW 11,261,360 on the date of regular payment. Defendant A did not pay the total of KRW 11,261,360 on April 2017 of the aforementioned worker E, as stated in the attached Table, including KRW 917,390 on April 2017.
(b) Wages shall be paid in full directly to workers in currency.
Nevertheless, Defendant A did not pay 546,840 won of the annual paid leave in 2017 to E on the regular payment day.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 43 of the Labor Standards Act;
(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.
(c) Submission of a written agreement on March 20, 201 and a letter of withdrawal of complaint;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;