근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who conducts manufacturing as the representative director of the company B in Gwangju City.
The Defendant did not pay C wages of KRW 1,434,029 and retirement allowances of KRW 2,210,950 on July 1, 2012 to C, who worked from February 10, 2011 to July 31, 2012, within 14 days from the date of his/her retirement, without any agreement between the parties on extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-violation of will: Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
(c) Expression of intention not to punish: A written agreement dated March 8, 2013, which was after the institution of this case was indicted.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;