근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is that the Defendant, as the representative director of the Category C Co., Ltd. in Kimhae-si, is an employer who ordinarily employs 29 workers and engages in leather material processing business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the defendant works in the above workplace from November 24, 201 to December 6, 2012.
A retired worker D’s wage and annual leave allowance of KRW 1,508,970, retirement allowance of KRW 2,556,293, wage2, and KRW 2,092,310, which were retired on January 4, 2013, and KRW 2,65,770, retirement allowance of KRW 2,65,770, and KRW 2,765,476, which were paid on January 17, 2013, were not paid within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.
2. We examine the judgment. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim's express intent. According to each "written withdrawal of complaint" bound in the trial records, it is clear that the victims have withdrawn their wish to punish the defendant after the institution of the prosecution in this case. Thus, all of the prosecutions in this case are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.