근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of the C&C corporation, is an employer who runs the business of using 10 regular workers. A. The Defendant is a representative director of the C&C corporation.
The Defendant in violation of the Labor Standards Act works in the above workplace from December 1, 2010 to January 27, 2012.
A retired D’s wage of KRW 2,00,000 in December 201, and wage of KRW 2,533,333 in January 201, and labor for KRW 4,533,33 in December 201, and for February 4, 2012 from December 1, 2010 to February 4, 2012
On January 2012, E of retired workers, the total amount of KRW 5,452,40,00 for two workers, including the total amount of KRW 119,840, annual paid leave allowances of KRW 79,230,00,000, was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties.
B. The Defendant violated the Act on the Guarantee of Workers' Retirement Benefits did not pay total of KRW 6,94,010 for two workers including the aforementioned D retirement allowances of KRW 4,534,842 and the aforementioned E retirement allowances of KRW 2,459,168, within 14 days from the date of retirement without any agreement on the extension of payment dates between the parties concerned.
2. The above facts charged are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act
However, since victims withdraw their wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.