근로기준법위반등
The prosecution of this case is dismissed.
The defendant, as the representative director of the LAC with a place of business in the Slified City B, is an employer who conducts food and beverage manufacturing business using 12 full-time workers. D's wages for May 1, 2019, working from May 1, 2014 to May 30, 2019, and retirement allowance of 11,180,821 won, without any agreement between the parties on the extension of the payment date, was not paid within 14 days from the date of retirement.
2. The facts charged in the instant case are crimes falling under 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, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records in the instant case, it is recognized that the victim D expressed his/her intent not to punish the Defendant on December 11, 2019, and thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.