근로기준법위반등
Each public prosecution of this case is dismissed.
1. The Defendant, as the C representative director of the Co., Ltd. in Kimcheon-si, is an employer who has run the manufacturing business with eight full-time workers. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 60,907,495 won in total for two retired workers from the date of each retirement, as well as 649,282 won in April 201 of D who worked and retired from the said workplace from March 1, 2007 to April 15, 2012, as well as 60,907,495 won in addition to attached money and valuables.
(b) Where a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred;
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, from March 1, 2007 to April 15, 2012, did not pay KRW 29,090,100,00 from each of the retirement dates, including the retirement allowances of KRW 16,455,930, and the retirement allowances of KRW 12,634,170 from March 1, 207 to April 6, 2012.
2. Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 main sentence, and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victim D shall be deemed to have been prosecuted on Oct. 1, 2015, and the victim E shall be deemed to have been on Nov. 5, 2015, respectively.