근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who employs 13 full-time workers at a factory of 5 D Co., Ltd. located in Seongbuk-gu, Changwon-si, Changwon-si, and operates the above factory guard and restaurant operation business.
The defendant is serving on February 1, 2012 in the above workplace.
On January 1, 2015, E’s retirement pay of KRW 7,89,860, and annual leave pay of KRW 8,572,860, including KRW 469,40,00 in total, and KRW 109,39,394,350 in total, and KRW 469,40 in annual leave pay of KRW 469,40 in 2014, as shown in the attached crime list, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. The above determination is an offense 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 prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
According to the records, the above victims can recognize the fact that they have withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.