Text
The prosecution of this case is dismissed.
Reasons
The summary of the facts charged is the defendant who is the representative of the C Co., Ltd. in Pyeongtaek-si B and is engaged in the manufacturing industry using 40 full-time workers.
1. The Defendant in violation of the Labor Standards Act provided labor to the said workplace from January 5, 2009 to February 25, 2015, and did not pay KRW 7,680,021 as wages of January and February 2015, as well as KRW 31,368,426, total wages of seven retired workers, as shown in the list of crimes in the attached Table (1) thereof, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits of Workers provided labor as described in the foregoing paragraph (1) and did not pay KRW 5,039,651 of the retirement allowances of the retired worker as well as KRW 38,564,884 of the retirement allowances of 16 workers, as described in the list of crimes in the attached Table (2) of the crime committed.
Maz.
1. Article 109(1) and Article 36 of the Labor Standards Act, the main sentence of Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;
2. Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
3. The employees listed in the separate sheet after the prosecution of this case expressed their intention not to punish the defendant.
4. Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;