근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is that the Defendant was the representative director of the Co., Ltd. C in Pyeongtaek-si B, who was engaged in the manufacturing business, etc. using 25 full-time workers
Defendant 1 worked in the said workplace from October 12, 2012 to August 21, 2015, but did not pay 18,064,670 won in total, including D wages of retired workers, to four retired workers, within 14 days from retirement without any agreement between the parties to the extension of payment deadline.
In addition, the defendant did not pay 8,367,145 won of retirement allowances of the above D within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.
2. The facts charged in the judgment above is an offense falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express 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, on January 11, 2016, after the institution of the instant prosecution, the victims’ petition withdrawal was submitted to the effect that they do not want punishment against the Defendant.
Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.