근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of Gangdong-gu Seoul Metropolitan Government Co., Ltd., the Defendant is an employer who runs the business of manufacturing and selling clothes using 40 full-time workers.
1. The Defendant did not pay KRW 1,572,090 of D’s working hours from April 4, 2012 to July 1, 2013 at the foregoing workplace within 14 days from the date of retirement without an agreement between the parties on extension of the due date.
2. In addition, the Defendant did not pay KRW 2,688,958 of the said employee D retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the facts that the employee D expressed his intention not to prosecute the Defendant after the institution of the instant indictment can be acknowledged. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6