근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of the (oil)C in Gwangju Northern-gu, who has run a driving school business using four regular workers. A.
When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, from January 27, 2010 to June 30, 2013, the Defendant worked as the president at the pertinent workplace and did not pay the total of KRW 500,000,000 on September 9, 2010 of retired workers D, the wage of KRW 2,000,000 on July 201, 201, the wage of KRW 2,000,000,000 on November 1, 2011, the wage of KRW 2,00,000 on March 3, 2012, the wage of KRW 2,00,000,00 on April 2, 200, the wage of KRW 2,00,00,00 on July 9, 2012, the wage of KRW 20,000 on September 20, 203, 2000, 400.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, from January 27, 2010 to June 30, 2013, the Defendant, while working as the president at the pertinent workplace, did not pay KRW 3,045,610 of retirement allowances of retired workers D to the lapse of 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. We examine the judgment. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44, 109(2) of the Guarantee of Workers' Retirement Benefits Act, and Article 44, 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against the victim's express intent. According to the records, it is obvious that the victim expressed his wish not to punish the defendant when submitting a written withdrawal of the complaint on September 2, 2014, which is after the institution of the case, and therefore, the above facts charged are prosecuted against the victim's express intent.