근로기준법위반등
The prosecution of this case is dismissed.
The summary of the facts charged in the instant case is that the Defendant is an employer who operates C in Seongdong-gu Seoul Metropolitan Government, and the Defendant did not pay KRW 214,211,532 in total for five workers’ wages and retirement allowances within 14 days from the date of retirement without agreement on the extension of the payment date between the respective parties, as stated in the list of crimes in the attached Table, including KRW 24,71,764,406, total sum of KRW 24,71,710,696, and retirement allowances of KRW 24,71,71,532 from February 1, 206 to May 31, 2017.
On the other hand, the part of the facts charged that wages are unpaid is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. According to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, a case in which a public prosecution cannot be instituted against the victim’s explicit intent. According to the written withdrawal of a complaint attached to the trial record, five workers indicated in the facts charged expressed their intention not to be punished against the Defendant on May 28, 2018, after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.