근로기준법위반등
All of the prosecutions of this case are dismissed.
1. In the facts charged, the Defendant is the representative of the State C located in Seongbuk-gu, Sungnam-si, and is an employer who provides service business (civil engineering design) using five full-time workers.
1. The Defendant is working in the foregoing workplace from May 27, 2013 to February 14, 2014.
Withdrawn did not pay 13,148,140 won in total from October 2, 2013 to February 2014, 2013; and 6,872,550 won in total from January 1, 2013 to December 2013; and 9,872,940 won in total from January 201 to January 2014; and money and valuables, such as the refund for year-end settlement on January 2013 to two workers, within 14 days from the date of retirement, without agreement between the parties to the extension of the due date.
2. The Defendant is working in the foregoing workplace from January 14, 2013 to February 25, 2014.
The retirement allowance of 3,600,350 won was not paid to the retired E within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. The part of the facts charged as above is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be punished against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victim D may be recognized as the victim D withdraws his/her wish to punish each Defendant on October 7, 2014, and the victim E, on October 8, 2014, pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. Thus, all of the prosecution of this case is dismissed.