근로기준법위반등
All of the prosecutions of this case are dismissed.
The summary of the facts charged is that the defendant is the representative of the corporation C in Ulsan-gu B, Ulsan-gu, and runs a manufacturing business with 200 full-time workers.
Defendant shall work from October 1, 2012 to October 17, 2013.
Workers D' wages of 3,790,000 won, annual paid leave allowances of 560,000 won, annual paid leave allowances of 560,000 won, and from October 1, 2012 to October 17, 2013.
Labor for retired workers E’ wages of KRW 3,748,340 and annual paid leave allowances of KRW 513,33, and annual paid leave allowances of KRW 513,33, and from January 15, 2013 to October 17, 2013.
The 3,748,340 won and annual paid leave allowance of 513,333 won are not paid for the total of 12,873,346 won and 14 days from the date of retirement without any agreement between the parties to the extension of the due date. D's retirement allowance of 1,245,321 won, E's retirement allowance of 1,141,547 won and 14 days from the date of retirement without any agreement between the parties to the extension of the due date.
2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and 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.
However, since workers D, E, and F withdrawn the Defendant’s wish to punish on April 10, 2014, which was after the prosecution of this case, the instant indictment was dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.