근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative of C located in Kimhae-si, is an employer who employs six full-time workers and operates a food service business.
From October 7, 2016 to November 20, 2017, the Defendant did not pay KRW 1,315,426 of D’s retirement allowances, and KRW 1,952,400 of wages and retirement allowances and KRW 1,338,743 of F’s total money and valuables to three workers, including KRW 2,660,00, and KRW 7,266,569 of the date of payment from January 1, 2018 to January 10, 2018, respectively, within 14 days from the date of retirement without agreement between the parties concerned. < Amended by Act No. 15038, Jan. 6, 2017; Act No. 15004, Sep. 1, 2017; Act No. 15084, Sep. 1, 2017; Act No. 15096, Jan. 2, 2018>
2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the records, it can be acknowledged that the victim worker D, E, and F expressed their intent not to punish the defendant at this court on April 23, 2019 or June 3, 2019, which was after the prosecution of this case was instituted by the victim worker D, E, and F. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.