beta
Text
The prosecution of this case is dismissed.
Reasons
1. The Defendant is a person who actually runs a stock company C in Songpa-gu Seoul Metropolitan Government and runs a trade business with 15 regular workers. A.
When a worker dies or retires, the employer violating the Labor Standards Act shall pay wages, compensations, and other money or valuables within 14 days from the time when the ground for such payment occurred, but the Defendant is working for the period from September 11, 2017 to September 14, 2018 at the bonded warehouse located in Pyeongtaek-si D.
A retired worker E’s wage of 2,700,000 won on June 2018, 2018, wage of 4,000,000 won on July 7, 2018, wage of 4,00,000,000 won on August 8, 2018, wage of 1,86,660 won on September 2018, and total of 12,56,60 won on September 1, 2018 without agreement on extension of the due date between the parties concerned, and did not pay the total of 15 retired workers total of 127,86,340 won within 14 days from the date of retirement without agreement on extension of the due date.
B. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, where a worker retires, pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, but the Defendant is working for the period from September 11, 2017 to September 14, 2018 at the bonded warehouse located in Pyeongtaek-si D.
The retirement allowance of retired workers E was not paid 3,955,920 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. On July 12, 2019, after the prosecution of the instant case, the victims expressed their intention not to want punishment of the Defendant.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;