근로기준법위반등
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant, as a D representative in Heung-gu C, is an employer who ordinarily employs ten full-time workers and operates a mid-term rental business.
A. The Defendant, at the above workplace, did not pay KRW 20,60,000 in total of weekly paid holiday allowances and KRW 12,260,000 in total, as shown in the list of offenses in attached Form E, including weekly paid leave allowances of KRW 680,00,00, when he/she worked from March 2, 2010 to April 10, 2017 at the above workplace, within 14 days from the date of retirement without agreement on the extension of payment period between the parties.
B. The Defendant not paid retirement allowances did not pay KRW 27,843,970 of the E retirement allowances, which he/she worked in the said workplace from March 2, 2010 to April 10, 2017, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment deadline.
2. According to Article 109(2) of the Labor Standards Act, the crime of violating the Labor Standards Act is an offense falling under Article 109(1) and Article 36 of the same Act, and the crime of violating the Labor Standards Act, which constitutes a crime falling under Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and is not prosecuted against the express will of each employee under the proviso to Article 44 of the same Act.
On July 17, 2018, after the institution of the instant public prosecution, workers E expressed his/her wish not to punish the Defendant, and thus, the instant public prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.