근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative director of C in the third floor of the building located in Sungnam-gu, Sungnam-si, who conducts service business, such as transportation plans and impact assessment.
The Defendant had worked from March 2, 2004 to May 31, 2010 at the above workplace, and had not paid the wages of KRW 62,500,000 as well as retirement allowances of KRW 17,354,076 as well as the total wages and retirement allowances of KRW 210,361,538 for three workers within 14 days from the date of retirement without any agreement on extension of the due date for payment between the parties concerned.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, main sentence of Article 44 of the Guarantee of Retirement Benefits for Workers and Articles 44 and 9 of the same Act;
(b) Crimes of non-compliance with an intention: Article 109 (2) of each Labor Standards Act, the proviso to Article 44 of the Guarantee of Retirement Benefits for Workers;
C. Declaration of non-existence of punishment: The withdrawal of each complaint on February 15, 2013, which was after the institution of the instant indictment.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;