근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of E Co., Ltd. in Seocho-gu Seoul Metropolitan Government, who has operated the business of manufacturing sponsor by using seven regular workers.
When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant is working in the above workplace from January 18, 2010 to October 31, 2013.
Wages 20,176,790 won and retirement allowance 6,012,357 won of retired workers F were not paid within 14 days from the date when the grounds for such payment occurred without any agreement between the parties on the extension of the due date.
2. The determination is the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the written agreement submitted to this court, the employee F voluntarily withdraws his/her wish to punish the defendant after the institution of the instant indictment.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.