근로기준법위반등
Each of the instant public prosecutions is dismissed.
1. The summary of the facts charged in the instant case is that the Defendant is the representative of the Co., Ltd. and is engaged in an urban improvement project. The Defendant was working in the said workplace from April 12, 2010 to August 10, 2012, and was not paid KRW 4,717,640 of C’s wages, from March 8, 2010 to July 1, 2012 and retired from D’s wages 3,896,973 won, from April 26, 2010 to April 26, 2012, and did not pay KRW 5,298,871 won, 13,913,484 won within 14 days from the date of retirement to August 10, 2012.
2. In light of the judgment, the crime of violation of the Labor Standards Act due to unpaid wages among the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act under Article 109(2) of the same Act, and the crime of violation of the Act on Guarantee of Workers' Retirement Benefits due to unpaid retirement allowances is an offense falling under Articles 44 subparag. 1 and 9 of the Act on Guarantee of Workers' Retirement Benefits, and cannot be punished against the victim’s express intent under the proviso to Article 44 of the same Act. According to the records, D, E, after the prosecution in the instant case, expressed that he/she does not want punishment against each Defendant on December 16, 2014, which is after the prosecution in the instant case, and C, after the prosecution in the instant case, is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.