근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the defendant who is the representative C Co., Ltd. located in Seopopopo City B and is engaged in accommodation entrustment management business using 20 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and other valuables, and retirement allowances within fourteen days after the cause for such payment occurred, unless there exists an extension agreement between the parties concerned on the date of payment.
Nevertheless, the defendant is working from March 21, 2016 to March 21, 2018 at the above workplace.
The retired D’s wages of KRW 500,000 for November 201, 2017, the annual paid leave allowances of KRW 3,000 for December 2017, 2017, the wages of KRW 3,000,000 for January 2018, the wages of KRW 3,000 for February 2018, the wages of KRW 11,308,750 for March 2018, the total amount of KRW 11,808,750 for the annual paid leave allowances of KRW 983,190 for the year 2016, the annual paid leave allowances of KRW 1,098,020 for the year 2017, the annual paid leave allowances of KRW 2,081, 210 and retirement allowances of KRW 6,217, 300 for the retirement allowances of KRW 3,200 for the year 206,516,200.
2. The case 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 prosecuted against the victim's express 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 According to the records, the victim can be recognized as having withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.