근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of the Dispute Resolution Co., Ltd. in Gyeongnam-si, is an employer, who is a business operator who operates a manufacturing business of components of a ship using 130 full-time workers.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
However, the defendant employed in the above workplace on June 24, 2013 and worked as the head of the business support division. On July 27, 2015, the defendant did not pay 13,174,873 won, including the total of 3,673,72 won for July 27, 2015 of D's retired worker D, 1,063,260 won for retirement, retirement pay, 8,473,891 won, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.
2. Each of the facts charged of the instant case is an offense 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, and is not 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.
On March 3, 2016, after the prosecution of this case, workers D withdrawn the expression of intent to punish the defendant.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.