근로기준법위반등
The prosecution of this case is dismissed.
The summary of the facts charged in the instant case is that the Defendant is an actual manager of Celecommunication in Gangnam-si B, who ordinarily employs five workers and runs wholesale and retail business. The Defendant did not pay KRW 36,000,000 in total of D and E’s wages from August 27, 2012 to November 30, 2013, and KRW 7,494,80 in total, as retirement allowances, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.
However, 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 Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under 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 According to the records, the victims may recognize the fact that they have withdrawn their wish to punish the Defendant after the institution of the instant case.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.