근로기준법위반등
The prosecution of this case is dismissed.
1. In the facts charged, the Defendant is an employer who has managed C in the company B located at the time of interest.
(a) An employer in violation of the Labor Standards Act shall pay wages within 14 days after the cause for such payment occurred, if a worker retires;
Nevertheless, the Defendant worked at the same workplace from September 1, 201 to June 20, 2015, and did not pay the total of KRW 103,847,208 of the wages of 21 workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, including KRW 272,797 of the worker D who retired from office, as well as KRW 272,797 of March 3, 2015.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Nevertheless, the Defendant did not pay the total amount of KRW 52,690,670, as stated in the list of crimes in the attached Table, including KRW 12,745,690 of retirement allowances of retired workers D, as described in the above paragraph (a) above, within 14 days from the date of retirement, without any agreement on the extension of the date.
2. Determination
(a) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;
B. On December 7, 2015, 201 after the instant indictment, a written withdrawal of a petition ( accusation) that contains an employee’s intent not to have the Defendant punished on January 9, 2016, and February 25, 2016, following the instant indictment.
Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparagraph 6 of the Criminal Procedure Act or more.