근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative director of the Geumcheon-gu Seoul Metropolitan Government building B and the D Co., Ltd., which ordinarily employs 117 workers, and the defendant works in the above workplace from August 1, 2013 to December 29, 2017.
Wages and retirement allowances of two victimized workers, such as E, were not paid within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date, as described in the attached list of crimes.
2. We examine the judgment. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and Articles 44 subparag. 1 and 9 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. The victims’ preparation of each “the withdrawal of complaint” expressed the victim’s intention not to punish the Defendant was submitted to the court on February 22, 2019, and the prosecution in this case was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.