근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is the Defendant, as the C representative director of Yeonsu-gu, Incheon, a company with B, 204 building B, who runs the manufacturing industry using 20 full-time workers.
1. 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 fourteen days after the cause for such payment occurred;
Nevertheless, the defendant worked in a factory located in Seo-gu Incheon Metropolitan City under the above workplace from June 7, 2013 to September 30, 2015 and did not pay 6,696,128 won of retired workers E's wages, from January 21, 2014 to September 30, 2015, the wage of 4,500,000 won of retired workers' wages, and 13,196,128 won of retired workers' G wages, including 2,00,000,000 won of retired workers' wages, from July 1, 2015 to September 30, 2015, without an agreement between the parties on the extension of the payment period between the parties.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and
Nevertheless, the defendant did not pay 11,736,386 won as well as 3,796,352 won of the above E's retirement allowance, including the above E's retirement allowance of KRW 7,940,034, and the above F's retirement allowance of KRW 3,796,352, within 14 days from the date of retirement without agreement between the parties on the extension
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. Submission of a written withdrawal of each petition (Complaint) stating that workers E, G, and F do not want punishment against the defendant on April 6, 2016, which was subsequent to the prosecution of the instant case.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;