근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the D representative in the Southern-gu Incheon Metropolitan City C, who employs 23 full-time workers and operates a manufacturing business.
The Defendant worked in the foregoing workplace from December 1, 2005 to January 24, 2013, and retired from the said workplace, and did not pay the total of KRW 3,283,09 won for October 1, 2012, monthly wage of 3,283,09 won for December 2, 209, monthly wage of 2,491,194 won, monthly wage of 1,039,696 won for January 1, 2013, total of KRW 13,691,062 for year 2012 and KRW 3,750,000 for bonuses, and KRW 13,69,062 for retirement from September 7, 2012 to January 16, 2013, and did not pay the total of KRW 3,63,600 for retirement from office, KRW 3,750,000 for retirement from office, and KRW 14,584,2,168
B. The Defendant worked in the foregoing workplace from December 1, 2005 to January 24, 2013, and did not pay KRW 22,562,520 of the retirement pay of the retired E within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.
2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be 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. According to the records, it can be acknowledged that the victims withdrawn their wish to punish the Defendant on July 1, 2013, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.