근로기준법위반등
The prosecution of this case is dismissed.
The defendant in the public lawsuit room is an employer who has employed five full-time workers as the representative of the company with limited liability which is the farming insurance company C in the state of leisure, and operated the string mushroom cultivation business.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause occurs;
From July 15, 2015 to February 16, 2016, the Defendant did not pay KRW 41,500,000 in total for five workers within 14 days from the date of retirement without any agreement on the extension of payment deadline between the parties concerned, as shown in the list of crimes attached hereto, including KRW 2,50,000 on January 1, 2016.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and
From November 29, 2015 to March 31, 2017, the Defendant failed to pay KRW 16,508,754, in total, KRW 12,489,576 of the F's retirement allowances provided by the said workplace from June 14, 2014 to December 31, 2016, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.
The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Workers’ Retirement Benefit Guarantee Act, and cannot be prosecuted against the express intent of the victims. According to the records, the victims can be acknowledged as having withdrawn their wish to punish the Defendant on September 21, 2017, which was after the victims were prosecuted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.