beta
Text
All of the prosecutions of this case are dismissed.
Reasons
The summary of the facts charged is the representative of C Co., Ltd. in Seongbuk-gu, Sungnam-si, who employs 11 full-time workers and engages in software development business, etc.
1. The Defendant, who was working in the foregoing workplace from November 5, 2012 to March 3, 2014, did not pay 6,408,321 won in total, including 5,298,817 won and 2,541,552 won for retired workers and 6,408,321 won in total, as stated in the [Attachment] No. 1 to No. 6 of the List of Offenses Act, as stated in the above workplace, within 14 days from the date of the retirement without agreement on extension between the respective parties’ payment dates.
2. The Defendant did not pay KRW 3,696,670 of wages for December 12, 2013 of workers E, who worked from July 15, 2013 at the above workplace, on a regular payment date, and did not pay KRW 37,377,239 on the total amount of wages for three workers as stated in [Attachment 7] Nos. 7 through 9 of the daily list of crimes, as stated in each of the pertinent items.
Judgment
In conclusion, each of the facts charged is an offense 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 (the violation of the duty to liquidate money and other valuables), and Articles 109(1) and 43(2) of the Labor Standards Act (the violation of the duty to pay retirement allowances), and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act (the violation of the duty to pay retirement allowances). According to each of the written withdrawal of each complaint filed in the records, it is clear that each of the facts charged are completely withdrawn from the Defendant’s intent to punish the victimized workers on October 27, 2014.
Thus, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.