근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is an employer, who ordinarily employs 20 full-time workers under the trade name D Co., Ltd. located in Sungwon-gu, Changwon-si B, Changwon-si, who is in charge of manufacturing vessel engines.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 15,093,150 in total, including KRW 980,00 in May 14, 2008, and retirement allowance of KRW 14,113,150 in the said workplace, within 14 days from the date of the occurrence of the cause of the payment, without any agreement between the parties on the extension of the payment deadline.
2. We examine the judgment. This is a crime 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 against the victim’s employer under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The records reveal the facts that the victimized worker expressed his wish not to punish the Defendant after filing the instant prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.