근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative of C Co., Ltd. who engages in construction business, etc. by employing two full-time workers as the Defendant. The Defendant is the employer. From February 17, 2006 to August 25, 2014, and from November 25, 2014 to September 25, 2015, and did not pay retirement allowances of KRW 8,522,480 from June 6, 2015 to September 2015, and retirement allowances of KRW 18,989,935 from February 17, 2006 to August 25, 2014 to the date of payment to the victim’s retirement without agreement with the victim.
2. The case is a crime falling under Article 109(1) and Article 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the victim’s express 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 of the withdrawal and withdrawal (written complaint) of the petition (written agreement) bound in the trial records, the victim D withdraws his/her wish to punish the Defendant on or around March 28, 2016, which is the date of the prosecution of this case, and therefore, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.