근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who employs 7 full-time workers as a representative of the office in the fourth floor of the building B in Bupyeong-gu, Nowon-gu, Seoul Special Metropolitan City, and operates an advertising agency business.
The Defendant did not pay KRW 21,329,791 in total, and KRW 3,052,720 in total, three employees’ retirement allowances, without any agreement on extension of the due date for payment between the parties concerned, within 14 days from the date on which the cause for payment occurred.
2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.
However, according to each written withdrawal of complaint received by the court, it can be recognized that the above workers have withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, the indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.