근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who employs ten full time workers as C representative director Co., Ltd. located at the window B of Gyeongnam-si, Changwon-si, Changwon-si, and operates crain installation business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant re-enters the said workplace as an interpreter from March 1, 2012 to April 29, 2015, and thereafter did not pay the total of KRW 21,247,346, including the total of KRW 13,747,346, the total of KRW 7,50,60, and KRW 247,346,346, and KRW 21,247,346,346 within 14 days from the date of the occurrence of the cause of the payment without agreement on the extension of the payment date between the parties, as of August 5, 2015. < Amended by Act No. 13574, Apr. 4, 2015; Act No. 13505, Jul. 7, 2000; Act No. 13466, Aug. 5, 2015>
2. We examine the judgment. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent against the victim’s employer under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The records reveal the facts that the victimized worker expressed his wish not to punish the Defendant after filing the instant prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.