Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative director of the C Co., Ltd. in Gangseo-gu Seoul Metropolitan Government and the second floor, who employs 90 full-time workers and runs a construction business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 29,783,360 for four workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as shown in the list of crimes in the attached Table, including KRW 8,250,00, total of KRW 3,750,000 in June 17, 2016, and KRW 3,750,00 in August 2016.
2. Determination
(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;
(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
C. On September 14, 2017, after the institution of the instant indictment, a written withdrawal of the petition that workers E, F, workers G, and H do not want to be punished by the Defendant on November 9, 2017.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;