근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who operates D Co., Ltd., Ltd., a business of manufacturing temporary materials located in Gwangju City. The Defendant did not pay KRW 1,457,235,235, wages of KRW 1,457,235, May 2013, total wages of KRW 3,228,541, retirement allowances of KRW 8,196,070, and KRW 21, total wages of KRW 55,336,894, and KRW 121,821,550, as indicated in the separate crime list, including the fact that the Defendant did not pay KRW 21 within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.
2. We examine the judgment. The facts charged in this case are crimes 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 express intent under the proviso of 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 According to the records, the facts can be acknowledged that the victims withdrawn their wish to punish the defendant on January 24, 2014, after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.