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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the representative of the D Co., Ltd. located in Bupyeong-si B and C, and the employer operating cleaning service business using 100 full-time workers. A.
When a worker dies or retires, the employer who has violated the obligation to liquidate money or valuables shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant, at the foregoing workplace, worked from March 1, 1996 to November 14, 2018 and retired from office, did not pay 12,486,213 won in total for four workers within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties, as shown in the attached Table of Crimes (Ⅰ), including KRW 256,81, which was included in E’s night work allowance 256,81.
(b) Wages violating a regular payment of wages shall be paid in full directly to workers in currency, and shall be paid at least once a month on the fixed date.
Nevertheless, the Defendant did not pay KRW 15,651,320, in total, money and valuables of three workers as indicated in the attached Table of Crimes (Ⅱ), including KRW 80,790,00 for night work hours on March 3, 2016, when working from around December 31, 2015, on the 12th of each month of the regular wage payment date, respectively.
2. The facts charged in the instant case are crimes falling under Articles 109(1), 36, and 43 of the Labor Standards Act, and cannot be prosecuted against the employee’s will expressed in accordance with Article 109(2) of the Labor Standards Act. According to the records of the instant case, it can be acknowledged that the employee expressed his/her intent not to be punished against the Defendant after the instant indictment.
Therefore, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.