근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative of the incorporated association C in Gunsan City, is an employer who ordinarily employs seven workers and operates a medical care center.
A. Defendant D’s working at the said workplace on September 26, 2014, the amount of KRW 1,340,120 for the portion of wages, KRW 1,082,410 for annual paid leave allowances, and KRW 1,860,00 for annual paid leave allowances, and KRW 930,000 for annual paid leave allowances on September 30, 2014 for retired workers E on September 30, 2014, did not each be paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
B. From July 1, 2012 to September 26, 2014, the Defendant did not pay KRW 3,531,301 of retirement allowances and KRW 2,731,832 of retirement allowances E of workers retired from the said workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline, as well as on KRW 3,531,301 of retirement allowances and from April 1, 2013 to September 30, 2014.
2. Each of the facts charged in the instant case can not 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 Act on the Guarantee of Workers’ Retirement Benefits. According to the written agreement and the written inquiry of the fact-finding reply regarding the preparation of the written statement of reply on the business trip prepared by the Korea Legal Aid Corporation, the victims may be recognized as having expressed their intent not to punish the Defendant on September 24, 2015, which was after the instant indictment. Accordingly, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.