근로기준법위반등
Each public prosecution against the Defendants is dismissed.
1. The summary of the facts charged is the representative of the E company in the Seo-gu Seoul Special Metropolitan City D2, who is engaged in the manufacture and retail business with five full-time workers, and Defendant B is the child of Defendant A, who jointly runs the above workplace with Defendant A.
When a worker retires, the employer shall pay wages and all other money and valuables within 14 days from the date of retirement, unless there is an agreement between the parties to the extension of the due date for payment.
Nevertheless, the Defendants did not pay KRW 27,770,256 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as well as KRW 1,448,736 of the F (F)’s wage for August 2012, 201, working from May 1, 2008 to September 30, 2013.
(b) When a worker retires, the employer shall pay retirement allowances within fourteen days from the date when the cause for such payment occurred, unless otherwise agreed by the parties concerned extending the payment period.
Nevertheless, the Defendants did not pay the amount of KRW 4,915,211 during the period of retirement from December 1, 2010 to September 30, 2013, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. The violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act are crimes which cannot be prosecuted against the express will of the victim (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). The victim F expressed his/her intent not to prosecute the Defendants on December 4, 2014, after the institution of the instant indictment, and thus, the prosecution against the Defendants is dismissed.