근로기준법위반
The prosecution of this case is dismissed.
1. The gist of the facts charged is that the Defendant is the representative director of the D Co., Ltd., located in Young-si District B and C, who employs nine regular workers and runs a construction business.
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 is working from May 1, 2018 to September 30, 2018 at the above workplace.
The retirement E’s wage of 1,00,000 won in June 2018, the wage of 4,50,000 won in July, the wage of 4,50,000 won in August, 4,500,000 won in September, and the wage of 4,50,000,000 won in September, did not pay the total of 14,50,000 won within 14 days from the date of retirement without any agreement on the extension of the due date.
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 E’s written agreement stating the intent of non-performance of punishment for the accused is submitted to this court on January 24, 2019;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;