근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged in this case is that the Defendant is the representative of D in Suwon-si, Suwon-si, who employs 7 full-time workers and operates the Chinese restaurant business.
Defendant E, who worked at the above workplace from February 6, 2014 to April 20, 2016, had not paid KRW 415,100,00 in total of the overdue money and valuables as stated in the attached Form, as well as KRW 7,077,650 in total, and KRW 4,09,280 in total, as stated in the details of the money and valuables in arrears, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.
2. Determination and conclusion
(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
C. On November 1, 2017, after the institution of the instant indictment, a written agreement is submitted to the effect that workers E does not want punishment against the Defendant.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;