근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the C representative director of the company in Kimhae-si, who is in charge of the business competition of the above company.
When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay 182,816,707 won, including 3,583,30 won on January 1, 2016 of the employee D, who retired from office as the head of the department from November 4, 2015 to March 30, 2016, in total, 182,816,707 won for total 19 employees, as indicated in the list of crimes in the attached Form.
2. We examine the judgment. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent of the worker under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The records reveal the fact that all affected workers expressed their wish not to punish the Defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.