근로기준법위반등
All of the prosecutions of this case are dismissed.
1. In the facts charged, the Defendant is the representative director of D Co., Ltd., located in C, who runs a mobile phone manufacturing business using ten full-time workers.
The Defendant worked for the said company from April 30, 2014, and on August 31, 2015, paid 80,242,899 won, including the total of 3,847,877,880 won, and 676,54,846 won, and the total of 13,575,926 won, including 7 workers’ wages and retirement allowances, and 80,242,89 won, including 3,87,89 won, on July 31, 2015, and 14 days, on August 2014, as indicated in the list of crimes in the separate sheet of crimes.
2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted differently from the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, each worker listed in the attached list of crimes is recognized to have withdrawn his/her expression of intent to punish the defendant after the prosecution of this case. Thus, all of the indictments of this case are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.