근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of Pyeongtaek-si B and 2, is an employer who runs a construction business using five full-time workers.
(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, etc. within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;
Nevertheless, the Defendant, from June 1, 2015 to November 30, 2017, did not pay the total of KRW 7,850,000,00, which was employed and retired from the said workplace, within 14 days from the date on which the cause for payment occurred without an agreement between the parties.
(b) An employer who violates the Act on Guarantee of Retirement Benefits of a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;
Nevertheless, the Defendant, from June 1, 2015 to November 30, 2017, did not pay KRW 9,859,564 of D retirement pay to the Defendant who worked in the said workplace and retired from the said workplace within 14 days from the date on which the cause for payment occurred without an agreement between the parties.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 (Payment of Wages) of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Act on Guarantee of Workers' Retirement Benefits (Payments of Retirement Benefits);
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act (unpaid wages) and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (unpaid amount of retirement wages).
(c) The victim is not subject to punishment after prosecution;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;