근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of the law firm C in Seocho-gu Seoul Metropolitan Government, Seocho-gu and the fourth floor, who runs an attorney-at-law business using nine full-time workers.
1. The Defendant did not pay KRW 15,453,539 of the retirement allowance of workers E who worked in the above company from December 18, 2006 to January 29, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
2. The Defendant did not pay the total of KRW 6,580,000 of wages, including KRW 4,700,000 from June 15, 2016 to April 12, 2019, and KRW 6,580,00,00 of wages of KRW 1,880,00 on April 1, 2019, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security 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 Workers’ Retirement Benefit Security Act. Since the facts charged in the instant case are acknowledged that the victimized workers have withdrawn their wish to punish the Defendant after the instant indictment was instituted, the prosecution against the Defendant is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.