근로기준법위반등
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is the representative of D, who is the head of the B Corporation C, and is an employer who runs a manufacturing business using four full-time workers.
Where a worker retires, he/she shall pay the wages or retirement allowances within 14 days after the cause for such payment occurred.
The Defendant worked in the foregoing workplace from November 26, 2014 to January 9, 2019, and retired from office, did not pay KRW 10,233,871, the aggregate of the wages from November 26, 2018 to January 1, 2019, within 14 days from the date of retirement without agreement between the parties to the extension of the due date. The Defendant, as described in the following list of crimes, did not pay three workers who retired from office in the foregoing workplace from November 26, 2014 to January 9, 2019 without agreement between the parties to the extension of the due date.
D
2. The instant case is an offense 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 express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
After the prosecution of this case, the victims expressed their wish not to punish the defendant.
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.