근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant used 18 full-time workers to operate the medical machine manufacturing business as the representative director of the Korea Development Bank Co., Ltd. in South Korea.
Defendant did not pay KRW 2,779,420, F’s retirement allowance of September 2015, and KRW 1,715,441 of E’s retirement allowance of September 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.
2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act (a violation of obligation to liquidate money or goods), Articles 44(1) and 9 of the Guarantee of Workers’ Retirement Benefits Act (a violation of obligation to pay retirement benefits), and that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
According to the records, the court below's non-application for punishment that workers E and F does not want to punish the defendant for the facts charged can be recognized as the facts submitted to this court after the prosecution of this case is instituted. Thus, this part of the prosecution is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act