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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is the owner who employs 119 full-time workers as the representative of (ju) H located in G in the Republic of Korea, and operates the construction business.
The Defendant did not pay KRW 470,768 of I who worked at the said workplace from March 1, 201 to April 13, 2012, wages of KRW 2,615,380 on March 1, 2012, wages of KRW 1,133,331, and annual settlement refund of KRW 199,380 on April 201, and KRW 7,337,929 on the total amount of KRW 2,919,380 on retirement allowances, KRW 2,919,070 on the date of retirement without any agreement between the parties on the extension of the due date.
2. Of the facts charged in the instant case, the fact that wages, etc. are not paid after retirement constitutes a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and constitutes a crime of non-compliance under Article 109(2) of the same Act.
In addition, the unpaid retirement benefits is a crime falling under Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); while the above Act does not provide for the crime as a crime of non-prosecution, it was amended by Act No. 10967, Jul. 25, 201; pursuant to the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 26, 2012), the above crime was revised as a crime of non-prosecution; the Addenda does not include any transitional provision related to the application, but is more favorable to the defendant under the amended Act; thus, the amended Act should be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decision 2005Do4462, Oct. 28, 2005).
According to the records, since it is recognized that the I expressed his intention not to be punished against the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.