근로기준법위반등
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is that the Defendant is the representative director of C Co., Ltd. in the South west-gun B, who ordinarily employs four workers and operates the manufacturing business. The Defendant did not pay KRW 1,200,000 wages and retirement allowances of KRW 3,03,950 for October 12, 2013 to October 30, 2014 to retired workers D without any agreement on the extension of the payment period between the parties.
2. Of the facts charged in the instant case, the unpaid amount of wages is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and pursuant to Article 109(2) of the Labor Standards Act, the unpaid amount of retirement benefits is a crime falling under Article 44 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits, and thus, cannot be prosecuted against each victim’s express intent under the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.
According to the records, D may recognize the withdrawal of his/her wish to punish the defendant on December 17, 2015, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.