근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant is an employer who runs a wholesale business (trade business of textile source trade) by employing six full-time workers as a representative director of C of a corporation, which is located in Bupyeong-gu Incheon Metropolitan Government Section 123, Dong-dong, Dong-dong, Incheon.
From December 20, 2008 to December 10, 2014, the Defendant works in the Chinese liaison office of the said company.
With respect to retired workers D, the total amount of wages of KRW 2,224,040 in September 2014, KRW 2,700,00 in October of the same year, KRW 2,700,00 in November of the same year, and KRW 8,495,00 in December of the same year, and KRW 8,497 in December of the same year without any agreement on the extension of the due date for payment, was not paid within 14 days from the date of the occurrence of the payment.
B. From December 20, 2008 to December 10, 2014, the Defendant works in the Chinese liaison office of the said company.
Unless there is an agreement on the extension of the due date of payment for retirement 13,685,184 won in the balance of retirement pay for retired workers D, it was not paid within 14 days from the date of the occurrence of the payment.
2. The determination is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and 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 Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victim can be found to have withdrawn his/her wish to punish the Defendant on April 9, 2015, which is after the prosecution of this case.
3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.