근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is that the Defendant, as the representative of “C” No. 203 of the title-based building B of Suwon-si, operated electronic components manufacturing business by using six full-time workers.
From November 4, 2013 to December 31, 2014, the Defendant did not pay the amount of KRW 698,140, the amount of KRW 60,410 on August 8, 2014; KRW 625,20 on December 2014; KRW 1,383,750 on the total of KRW 625,20 on December 4, 2014; ② Retirement allowance of KRW 709,050 on the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the fact that the victim-based worker D withdraws his/her wish to punish the Defendant on November 3, 2015, which is the date the instant prosecution was instituted, can be acknowledged. Thus, all of the instant prosecutions are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.