근로기준법위반등
Each public prosecution of this case is dismissed.
1. In the facts charged, the Defendant is the actual manager of C Co., Ltd. located in Scheon-si, who ordinarily employs ten workers and operates piping manufacturing business.
1. The Defendant did not pay KRW 10,500,000 of D’s wages, which were worked from the above corporation C to February 28, 2015, as well as KRW 51,365,000, total wages of seven retired workers, as described in the attached crime list, within 14 days from the date of retirement, without any agreement between the parties to the extension of payment period, as described in the attached crime list.
2. The Defendant did not pay KRW 3,739,726 of E’s retirement pay from September 1, 2013 to February 28, 2015 within 14 days from the date of retirement without any agreement between the parties to the extension of the payment deadline.
2. Each of the facts charged of the instant case is an offense 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 is not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
According to the records, each of the instant workers is recognized as having expressed his/her intent not to have the Defendant punished on March 8, 2016, and thus, each of the instant workers is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.