근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The Defendant, as the representative of the C Co., Ltd. in the wife population B, is an employer who runs a wholesale business by ordinarily employing one employee.
The Defendant had not paid KRW 46,380,140 in total, from November 9, 2014 to April 30, 2016, as well as KRW 46,380,140 in total, from November 9, 2006 to April 2016, as well as KRW 1,08,888,80 in annual settlement settlement, retirement allowances, and KRW 28,385,965 in total, within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.
2. Of the facts charged in the instant case, the fact that the payment of wages and the annual settlement refund is unpaid is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act.
According to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, each of the above crimes cannot be prosecuted against the victim’s explicit intent or against the victim’s explicit intent.
On March 2, 2017, after filing the instant prosecution, the victim expressed his/her intention not to be punished against the Defendant in this court.
Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.