근로기준법위반등
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is a representative of the D apartment house reconstruction and rearrangement project association on the five-story floor in the 5th floor in the Kacheon-gu Seoul Special Metropolitan City, the Defendant is an employer who operates the housing sales business by employing two full-time workers.
The Defendant is working in the foregoing workplace from May 24, 2003 to December 1, 2012.
On December 2, 2012, the wage of 1,300,000 won in November of the same year and the wage of 260,560,000 won in December of the same year was not paid within 14 days from the date when the cause for payment occurred without agreement between the parties on the extension of the due date.
B. The Defendant is working from May 24, 2003 to December 1, 2012 at the above workplace.
On December 2, 2012, the retirement allowance of retired workers E was not paid KRW 644,610 within 14 days from the date of retirement in which the cause for payment occurred, without agreement between the parties to the extension of the due date.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and 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. According to the written application for non-prosecution to punish E, E can be acknowledged as a fact that he/she has withdrawn his/her wish to punish the Defendant on November 26, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag.