근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant is a representative of the Cagency in Daegu Dong-gu, who has run a mobile phone sales business using three regular workers.
On January 31, 2013, the Defendant did not pay KRW 11,100,00 of wages of workers D who retired from the said workplace on December 12, 2012, KRW 1180,000 of wages of January 1, 2013, KRW 729,670 of retirement pay, KRW 1120,00 of wages of E on March 31, 2013, KRW 2 million of wages of March 2013, and KRW 2 million of retirement pay, KRW 2,580,820 of wages of each retirement day without agreement on the extension of the due date.
2. Each of the facts charged in the instant case is an offense falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’
However, the instant prosecution was dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, since D on September 11, 2013, and E on September 12, 2013, which was after the instant indictment, withdrawn the Defendant’s wish to punish by mutual consent.