근로기준법위반
Acquittal of the accused shall be acquitted.
The summary of the facts charged in the instant case is that “B’s representative did not deliver a document stating the items of wages, calculation method, working hours, holidays, and annual paid leave when concluding a labor contract with a worker C on September 1, 2007.”
However, under Articles 114 subparag. 1 and 17 of the Labor Standards Act, the statutory penalty is a fine not exceeding five million won. Thus, the statute of limitations is three years pursuant to Article 3 of the Addenda to the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) and Article 249(1)5 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007).
Therefore, the instant public prosecution clearly stated in the record that the indictment was instituted on October 22, 2014 when three years have already passed since the completion of the crime charged at the time of the completion of the crime charged at issue falls under the time the statute of limitations has expired, and thus, the Defendant is acquitted pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act.