근로기준법위반등
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is an employer who is the representative director of the company B in Seongbuk-gu, Sungnam-si, and was employed by the said company from November 10, 201 to December 31, 201 by the employee C, who was employed by the said company from September 10, 2011 to December 31, 2011, did not pay the total of KRW 10,000,000, retirement allowances and KRW 3,027,999 within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned as shown in the attached list of crimes, and did not pay KRW 27,20,000, total of two workers’ wages, total of KRW 9,389,399, and KRW 99 within 14 days from the date of each retirement without agreement on extension of the due date.
2. We examine the judgment. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which 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. According to the records, the victims can be acknowledged as having withdrawn their wish to punish the defendant on May 10, 2013, which is after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.