근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The Defendant is an employer who employs 50 full-time workers while operating Hong-gun C in Chungcheongnam-gun.
The Defendant, while working in the above C from September 1, 2008 to November 30, 2012, did not pay an amount equivalent to KRW 2,292,30 in total, including KRW 1,200,00 and retirement allowances of KRW 1,092,30,00 of the retired workers D, as well as KRW 2,292,30 in total, from the time when the cause for payment occurred without an agreement on the extension of the payment deadline, and did not pay 14 days after the occurrence of the cause for payment from December 2, 2012 to March 11, 2013 as described in the separate list of crimes Nos. 13,307,50 in total, and retirement allowances of KRW 10,251,360 in total from the time when the cause for payment occurred without an agreement on the extension of the payment deadline.
The Defendant, while working in the above C from March 8, 2012 to December 31, 2012, did not pay the amount equivalent to KRW 1,200,000 of wages of retired workers E, 14 days after the occurrence of the cause for payment without agreement on the extension of the payment period and the extension of the payment period, and did not pay 14 days after the lapse of 14 days after the occurrence of the cause for payment, as stated in the attached Table of Crimes List from December 2, 2012 to March 2013, 2013, 10,721,560 of total five workers’ wages from March 8, 201 to March 16, 2013 without any agreement on the extension of the payment period.
2. We examine the judgment. Each of the facts charged in 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 cannot institute a public prosecution against the victim’s explicit 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 According to reference materials submitted on July 15, 2014, which is bound in the trial records, the victims have withdrawn their wish to punish the Defendant after the prosecution of the instant case was instituted, and thus, the Criminal Procedure Act is recognized.