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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is an employer who employs 30 full-time workers as the D representative director of the 601 company located in Seongbuk-gu Seoul Metropolitan City, Seongbuk-gu, Seoul Metropolitan City Co., Ltd., which is a software development business.
[2016 Highest 2061]
1. The Defendant in violation of the Labor Standards Act did not pay KRW 10,972,220 in total wages to 10 workers E who retired from office from the above company from October 1, 2010 to December 18, 2015, without any agreement between the respective parties on the extension of payment period, within 14 days from the date of retirement, without any agreement between the respective parties on the extension of payment period.
2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) was employed by the said company from October 1, 201 to December 18, 2015 by the said company from around October 1, 2015; and (b) was not paid KRW 14,577,354 as well as KRW 67,97,926 in total for eight employees, as in the case of the previous list of crimes in the attached Table (2), within 14 days from the date of retirement without any agreement between the respective parties on the extension of payment period.
[2017 Highest 219] Defendant Company did not pay KRW 44,522,226, total amount of wages and retirement allowances to two workers, as shown in the attached crime list (3) as well as KRW 16,842,490, in total, to retired workers F after having worked for the said Company from August 20, 2012 to October 31, 2015, within 14 days from the date of retirement, without agreement between the respective parties on the extension of payment period.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, each of which cannot be prosecuted against the employee’s explicit intent of the victimized party under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, G of October 24, 2016, and the remaining workers on May 19, 2017, after the instant indictment, file a written withdrawal of each complaint.