beta
Text
The prosecution of this case is dismissed.
Reasons
1. The Defendant, in the facts charged, is an employer who runs a manufacturing business by employing three full-time workers as a (ju) D’s real manager in the following cities:
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 employed from June 3, 2013 to August 24, 2017 and employed from the above workplace did not pay the total of KRW 3,000,000 to the retired workers E’ wages from February 3, 2015 to July 2015, wages of KRW 3,000,000 in September 2015, KRW 3,000,000 in October 2015, and KRW 3,000 in June 3, 200 in June 2016, and KRW 3,00,000,000 in October 3, 200, KRW 3,000 in April 3, 2017, KRW 10,000 in May 10,00 in May 20, 2000, KRW 07 in 00 in 06 and KRW 7,07 in 05,00 in 05.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 12,414,532 of the retirement allowances E of retired workers who worked in the above workplace as described in the above paragraph 1 within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, main sentence of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act;
(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
C. After the prosecution of this case, E is against the defendant.