근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged in the instant case is the representative of the Busan Shipping Daegu apartment management office, who ordinarily employs five workers and operates apartment management business.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Defendant did not pay KRW 188,00 of the annual paid leave allowances in 2012, the annual paid leave allowances of 2013, the annual paid leave allowances of 196,000, the annual paid leave allowances of 2014, the annual paid leave allowances of 238,30, and the annual paid leave allowances of 238,30, and the annual paid leave allowances of 238,330, and the annual paid leave allowances of 238,660, and retirement allowances of 2,503,280 within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.
2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, the fact that the employee C withdraws his/her wish to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.