근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative of Mapo-gu Seoul Metropolitan Government, is an employer who runs a construction business with five full-time workers.
The Defendant is working in the foregoing workplace from March 17, 2016 to December 26, 2018.
The retired D's wages of KRW 1,030,00 and retirement allowances of KRW 11,51,110 have not been paid respectively within 14 days from the date of retirement without agreement between the parties on the date of payment.
2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, main text of Article 44(1) and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against the victim’s explicit intent.
However, according to the statement of withdrawal of a complaint bound in the trial records, it can be recognized that the victim expressed his/her intention not to punish the defendant after the prosecution of this 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.