근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is a de facto manager of the “D Company” company in Gwangju in light of the foregoing circumstances, who ordinarily employs 21 workers and operates the clothing manufacturing business.
The Defendant did not pay a total of KRW 4,32,300 to retired workers E who worked in the said workplace from December 1, 2010 to May 28, 2014, and did not pay KRW 87,089,701 of the total wage of 21 retired workers, as shown in the attached crime list, within 14 days from the date on which the cause for the payment occurred, without any agreement on extension of the due date between the parties concerned.
B. The Defendant did not pay the total amount of KRW 4,663,290 of retirement allowances of retired workers E while working in the said workplace from around December 1, 2010 to May 28, 2014, and did not pay KRW 57,603,800 in total, as indicated in the attached list of crimes, within 14 days from the date on which the cause for the payment occurred, without any agreement on extension of the due date between the parties concerned.
2. Of the facts charged in the instant case, the violation of the Labor Standards Act under Article 109(1) and Article 36 of the Labor Standards Act, and the violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances constitutes an offense falling under Articles 44 subparag. 1 and 9 of the Act, and thus, 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 Act on Guarantee of Workers’ Retirement Benefits. According to the records, the victims’ withdrawal of their intent to punish the Defendant is apparent. Accordingly, the prosecution of the instant case is dismissed.