근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant in the facts charged in the instant case is the representative director of C, a joint waste recycling business entity, using 13 full-time workers at the same place of business, who is a joint agent in the instant case.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay KRW 1,146,100 and retirement allowance of KRW 14,793,030 as of the end of May 1, 2011 to May 31, 2015 to retired workers D, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between the parties, while working in the said workplace from November 23, 201 to June 27, 2015, and did not pay KRW 12,085,583 of the retirement allowance of retired workers E within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.
2. The judgment of the court below is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit 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 According to the records, the above victims can be acknowledged to have withdrawn their wish to punish the Defendant on July 26, 2016, after the prosecution of the case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.