근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the full-time employer who runs a service business by using 16 full-time workers as the representative of “C” corporation in Chungcheong City B.
A. The Defendant violated the Labor Standards Act and the Act on Guarantee of Retirement Benefits for Workers in the above workplace from September 9, 2013, and the Defendant did not pay KRW 7,284,860 in the aggregate of KRW 5,33,340 in D’s wages and KRW 1,951,520 in retirement allowances, and KRW 5,33,340 in E’s wages and KRW 7,284,860 in total of KRW 1,951,520 in the same period of employment within 14 days from the date of each retirement.
B. The Defendant violated the Labor Standards Act: (a) paid KRW 7,900,000 of the F’s wages, which he/she worked from May 1, 2014 to September 24, 2014; (b) KRW 3,733,310 of the G’s wages, which he/she worked from June 24, 2014 to September 24, 2014; and (c) paid KRW 2,222,210 of the H’s wages, which he/she worked from August 4, 2014 to September 24, 2014, within 14 days from the date of each retirement.
2. The facts charged in the instant case are an offense against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act (the fact that wages are unpaid) and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits (the fact that wages are unpaid).
The record reveals that the victim D, F, G, and H expressed their intent not to be punished against each Defendant on February 3, 2016 after the instant indictment was instituted. The victim E expressed his/her intent on May 18, 2016.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.