근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the defendant is the representative director of the D Co., Ltd. in Gwangju North-dong C non-dong 701, who employs 16 full-time workers and operates an apparatus manufacturing business.
From January 14, 200 to December 24, 2014, the Defendant did not pay KRW 5,077,249, in total, wages of KRW 7,898,58,583 and retirement allowances of KRW 14,706,457, March 1, 2014, and KRW 818,763, and KRW 249, in total, worked at the said workplace during the period from September 14, 2014 to November 28, 2014, without agreement between the respective parties on the extension of the payment date.
2. The judgment is based on the following facts: (a) Articles 109(1) and 36 of the Labor Standards Act; (b) Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act cannot be prosecuted against each victim’s express intent pursuant to Article 109(2) of the Labor Standards Act; and (c) proviso of Article 44 of the Workers’ Retirement Benefit Security Act; (d) the records reveal the fact that the victimized employee expressed his/her wish not to punish the Defendant after the instant indictment was instituted; and (e) the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.