근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant is the employer who had been operating the manufacturing company C by employing nine full-time workers from No. 2-Ma 301-9 of the Si interest company B in the instant facts charged.
The Defendant, as well as the total sum of KRW 2,686,123, including D’s wages, who retired from the said workplace from January 8, 2014 to January 31, 2017, stated in the attached Table 12 as well as the total sum of KRW 36,775,712, including the wages of 12 workers, and the total amount of KRW 5,002,978, including the aforementioned D’s retirement pay, as stated in the written indictment, was stated as “7,190,707 won” but corrected as above.
In addition to B, the total amount of KRW 57,667,561 of the retirement allowances of 9 workers was not paid until 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, such as the statement of the arrears of each individual.
2. The facts charged of 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 Act on the Guarantee of Workers’ Retirement Benefits. The case cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, it can be acknowledged that all the victimized workers have withdrawn their wish to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.