근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of C Co., Ltd. located in Kimpo-si, and the employer who engages in the manufacturing industry using full-time workers at the above workplace. On September 23, 2016, the Defendant did not pay KRW 3,206,012, retirement allowance of KRW 13,722,560, which was retired from office around September 23, 2016, within 14 days from the date of the above retirement without agreement between the parties on the extension of the payment deadline.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 (Payment of Wages) of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Act on Guarantee of Workers' Retirement Benefits (Payments of Retirement Benefits);
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act (unpaid wages) and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (unpaid amount of retirement wages).
(c) The victim is not punishable after the institution of public prosecution;
Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.