Text
All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is a user who ordinarily employs 30 full-time workers as the representative of the Il-gu Seoul Special Metropolitan City Co., Ltd., Ltd. located in Ilyang-gu.
A. The Defendant in violation of the Labor Standards Act did not pay KRW 114,979,843 of the total wages of 12 retired workers within 14 days from the date of retirement, as stated in the list of crimes in the attached crimes, as well as KRW 6,923,079, who retired from office as an employee from the above company from April 21, 2014 to March 10, 2015.
B. The Defendant in violation of the Workers’ Retirement Benefit Security Act did not pay 56,164,770 won, including 5,724,880 won, which was retired from office, to March 10, 2015, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as stated in the list of crimes attached hereto, while serving as an employee from the above company from June 11, 2012 to March 10, 2015.
2. Each of the facts charged of the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. The victims prepared a document to the effect that the victim withdraws his/her expression of intent to punish the Defendant after the instant indictment, and submitted the above document to the court. Thus, all of the instant prosecutions of this case are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.