근로기준법위반등
The prosecution of this case is dismissed.
1. The gist of the facts charged is that the Defendant is the C representative director of the Co., Ltd. in Ansan-gu, and is an employer who employs five full-time workers and engages in telecommunications and software development business.
The Defendant served in the said workplace from May 2, 2011 to February 28, 2013 and did not pay KRW 14,509,820 of his/her retired workers D wages from August 2, 2012 to February 2013 as well as KRW 3,583,120 of his/her retirement allowances, and KRW 16,380,000 of his/her retired worker E’s retirement allowances from September 2, 2012 to February 28, 2013, and did not pay KRW 3,216,155 of his/her retirement allowances from September 2, 201 to February 26, 2011 within 14 days from the date of his/her retirement without an agreement on the extension of the payment date between the parties concerned.
2. The judgment is an offense 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, which 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 According to the records, it is evident that workers D and E have withdrawn their wish to punish the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure