beta
Text
All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is a person who employs ten full-time workers from around March 2015 to March 2016 as the representative director of a stock company in Gwangju Northern-gu C and carries on construction business, etc.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
The Defendant is working in the above C from June 2, 2014 to November 1, 2015.
The total amount of wages of retired workers D 1,050,000 won was not paid within 14 days from the date of retirement without any agreement on the extension of the due date, and the total amount of wages, etc. of 12 workers, as shown in the attached Table of Crimes List (1), was not paid within 14 days from the date of each retirement without any agreement on the extension of the due date.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall pay a retirement allowance within 14 days in case where a worker retires; and
The Defendant is working in the above C from June 2, 2014 to November 1, 2015.
The retirement allowance of 1,410,100 won of the retired worker D was not paid within 14 days from the date of the retirement without any agreement on the extension of the due date, and the total amount of 146,041,454 won of the retirement allowance of 11 workers as shown in the attached list of crimes (2) was not paid within 14 days from the date of each retirement without any agreement on the extension of the due date.
2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victims were punished on Oct. 27, 2016 and Nov. 29, 2016.