근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is serving as the Minister of Construction and Transportation at the workplace of C comprehensive Construction Co., Ltd. run by the Defendant from March 1, 2013 to June 5, 2014.
A retired worker D's total wage of KRW 6,252,144 on April 2014 to June 2014 did not pay KRW 6,252,144 within 14 days from the date of retirement without agreement between the parties to the extension of the due date, and did not pay KRW 3,747,856 of D's retirement pay within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
2. (1) The facts charged above are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and 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.
(2) According to the records, it is recognized that D, on July 29, 2014, entered into an agreement with the Defendant to the effect that D shall receive five million won from the Defendant and deliver the agreement to the Defendant that “it shall not hold a civil or criminal liability for the C General Construction.”
In light of the details of the above agreement, the details of the preparation and delivery, and there are no circumstances to deem that D promised not to impose criminal liability on others than the defendant for the failure to liquidate the money and valuables in this case, and for the failure to pay retirement allowances, it is reasonable to deem D to have expressed its intention not to impose criminal punishment on the defendant with respect to the failure to liquidate the money and valuables in this case and the failure to pay retirement allowances by preparing and delivering
(Colonel) Even if the intention of D, which does not impose a punishment for the defendant under the above agreement, is not specified, D, after the prosecution of this case, submitted to this court an application for no punishment for the defendant on October 21, 2016 and expressed its intention not to impose the punishment for the defendant). 3. Accordingly, Article 327 subparagraph 6 of the Criminal Procedure Act is applicable.