근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is the employer who runs a manufacturing business of heating and cooling facilities using five full-time workers as the representative director of D Co., Ltd. located in Pakistan-si.
Defendant (i) served as an employee from February 2, 2008 to November 30, 2016 at the above company, and (ii) did not pay the total of KRW 123,632,786 of the wages and retirement allowances of five retired workers, including KRW 3,550,00 and retirement allowances of KRW 19,827,534, as stated in the attached crime list, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.
2. The judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the above workers can be aware of the fact that they expressed their wish not to punish the Defendant after the instant indictment was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.