근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant is a representative director of Mapo-gu Seoul Metropolitan Government and 811, who runs software development business using three full-time workers.
From December 16, 2014 to December 31, 2016, the Defendant had not paid the amount of KRW 2,558,241 in November 2016, and the amount of KRW 2,66,67 in December 2016, and retirement allowance 5,338,891 in December 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. Since D expressed an intention of not wanting to be punished after the instant indictment, it is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.