Text
The prosecution of this case is dismissed.
Reasons
The summary of the facts charged is that the defendant is the representative director of the corporation C in Daejeon Seo-gu, Daejeon, who runs the business of manufacturing wire communications using 20 full-time workers.
1. An employer in violation of the Labor Standards Act did not pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred if a worker dies or retires, but the Defendant did not pay wages of KRW 18,114,690, including KRW 817,70, as in the List of Attached Crimes, to June 30, 2015, as well as KRW 17, including KRW 817,700, working at the said workplace from March 23, 2013 to June 30, 2015, within 14 days from the date when the cause for such payment occurred without an agreement between the parties on the extension of the payment date.
2. An employer who violates the Guarantee of Retirement Benefits for Workers has retired from office within 14 days from the date on which the reason for such payment occurred, but the Defendant did not pay the total of KRW 124,072,359, including KRW 2,78,586, as well as KRW 17, including KRW 124,072,359, including KRW 2,78,586, as shown in the annexed crime list, within 14 days from the date on which the reason for such payment occurred, without any agreement between the parties on the extension of the payment period.
Judgment
1. Applicable Acts: Article 109(1) and Article 36 of the Labor Standards Act, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;
2. Crimes of non-compliance with labor: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.
3. Declaration of intention not to punish a person subject to prosecution: Submission of a letter of withdrawal of a complaint on May 25, 2016;
4. Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.