근로기준법위반등
The prosecution of this case is dismissed.
The summary of the facts charged in the instant case is that the Defendant: (a) was the D representative director of the Company D in Yongcheon-si E site (10 Section); (b) served as the director of the Corporation at the F site located in Yongcheon-si; and (c) did not pay KRW 4.5 million for the employee G retired from office in March 2015; (b) KRW 4.5 million for the April of the same year; and (c) KRW 10.8 million for the amount of wages in May of the same year; and (d) KRW 7,236,254 for the amount of KRW 1,40,000 for the amount of wages in May of the same year without any agreement between the parties on the extension of the payment date.
This 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 Guarantee of Workers’ Retirement Benefits (the unpaid portion of wages), and may not be prosecuted against each victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits.
In this regard, according to the statement of “the withdrawal of truth-finding” written by G bound in the public trial records, the victim may be acknowledged to have withdrawn his/her intent to punish the Defendant on June 29, 2016, which was after the institution of the instant public prosecution.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.