근로기준법위반등
All of the prosecutions of this case are dismissed.
1. From around 1999, the Defendant is a person who had four full-time workers as an actual operator of E in Gwangju Mine-gu, Inc., Ltd. from around 199 to the present date, engaged in the business of manufacturing ship farms.
The Defendant, as indicated in the list of crimes in attached Form E, was working in the said stock company E from September 1, 2010 to May 1, 2014, and did not pay wages of 79,701,072 won of retired workers F, and retirement allowances of 8,35,911 won within 14 days from the date of retirement without agreement on the extension of the payment deadline.
2. Determination of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act (the fact that gold is not liquidated), Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the fact that payment is not made), and 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 Act on the Guarantee of Workers’ Retirement Benefits. It is recognized that the damaged F explicitly expressed his/her intention not to punish the Defendant on April 19, 2016, after the instant indictment.
Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.