beta
Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that Defendant A, as the representative of the C located in Gyeonggi-do, who is a full-time worker, runs the garment wholesale and retail business.
(a) An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, and any other money or valuables within fourteen 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 the total amount of KRW D’s wages of KRW 2,575,00 in March 2, 2007 to May 31, 2015, and KRW 2,575,00 in April 2, 2015, and KRW 2,575,00 in May 2, 2015, and KRW 7,725,000 in total, and KRW 1,800 in May 1, 2012 to two retired workers, including KRW 1,800,00 in May 31, 2015, without agreement between the parties on the extension of payment period.
(b) An employer who violates the Guarantee of Retirement Benefits of a worker shall, where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That where special circumstances exist, it may be extended by an agreement between the parties.
Nevertheless, the Defendant did not pay the retirement allowance of KRW 21,80,486 to two workers, including the F's retirement allowance of KRW 6,279,628, and the F's retirement allowance of KRW 15,520,858, who worked in the said workplace from July 1, 2012 to May 31, 2015, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties to the said workplace.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and workers’ explicit intent in accordance with Article 109(2) of the Labor Standards Act, and Article 44 of the Workers’ Retirement Benefit Security Act.