근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative of the D Council members in Pyeongtaek-si C, who ordinarily employs 11 full-time workers and operates health business.
When an employee retires, the employer shall pay all money and other valuables, such as wages and retirement allowances, within 14 days after the cause for such payment occurred.
1. The Defendant in violation of the Labor Standards Act did not pay KRW 10,538,745 in total, including the total sum of wages and annual allowances of workers E, who worked from September 14, 2015 to July 20, 2016 at the above workplace, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline, as shown in the attached crime list, including KRW 1,712,970.
2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers in the above workplace, without any agreement between the parties on the extension of the payment deadline between the parties, did not pay 18,471,62 won in total, including 10,339,341 won of the retirement allowances of the retired workers F, from April 1, 201 to March 31, 201, and the retirement allowances of the retired workers, within 14 days from the date of retirement.
2. Determination
(a) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 (1) of the Guarantee of Retirement Benefits for Workers;
B. On April 13, 2017, the victimized workers after the indictment of this case, expressed their intention not to be punished against the Defendant.
Dismissal of public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparagraph 6 of the Criminal Procedure Act or more.