근로기준법위반등
The prosecution of this case is dismissed.
The summary of the facts charged in this case is that “Defendant C was not paid wages and retirement allowances within 14 days from the date of his retirement when he worked as the representative director of the Dispute Resolution Co., Ltd. from October 24, 2009 to June 2, 2003.”
The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the written agreement dated November 14, 2014, which was bound in the trial records, the victim C expressed his/her intention not to want criminal punishment against the defendant to this court on November 14, 2014 after the institution of public prosecution.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.