근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the Defendant, as the C representative director of Songpa-gu Seoul Metropolitan Government, who employs approximately one full-time worker and operates software development and supply business.
The Defendant paid KRW 13,972,677, total sum of D wages (i.e., KRW 1,389,527, Jan. 1, 2016; KRW 2,425,583; KRW 2,162; KRW 963, Apr. 2, 2016; KRW 162; KRW 963, May 2, 2016; KRW 162; KRW 963, Jun. 2, 2016; KRW 162; KRW 963, Jul. 15, 2016; KRW 425,505); and KRW 428,53, etc., within the agreed date for retirement without agreement on the extension of the period.
2. Determination
(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
(c) Unwritten expression of intention to punish: Submission of a written application to punish D after the institution of the instant prosecution;
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;