근로기준법위반등
The prosecution of this case is dismissed.
1. The gist of the facts charged is that the Defendant is an actual operator of Seongdong-gu Seoul Metropolitan Government 1st floor C, who is engaged in general restaurant business by making use of six full-time workers.
From March 1, 2012 to July 10, 2015, the Defendant did not pay 31,230,390 won, including 2,200,000 won of wages and 7,066,480 won of retirement pay on July 7, 2015, as indicated in the list of crimes in the separate sheet of crimes, to 31,230 won, including 4,833,330 won, and 26,397,060 won, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.
2. Determination
A. Article 109(1) and Article 36 of the Labor Standards Act; the main text of Article 44(1) and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
C. The employees listed in the separate sheet after the prosecution of this case expressed their intention not to punish the Defendant.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;