Text
All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is the (main) C representative director of the building in Gwanak-gu in Seoul Special Metropolitan City, who employs 20 full-time workers and operates the company and engages in construction business, etc.
The Defendant did not pay an amount equivalent to KRW 25,764,704 in total amount of wages and retirement allowances to D who retired while working in the said company from December 1, 2008 to March 11, 201, within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date.
The Defendant, including this, did not pay a total amount of KRW 74,719,837 to four workers, including wages and retirement allowances, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date, as stated in attached Table 3, 4, 5, and 9.
2. The determination is the case that falls 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 and cannot be prosecuted against each victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the statement of each of the complaints submitted to this Court, workers D, E, F, and G can be recognized as having withdrawn their wish to punish each of the accused after the institution of the instant indictment.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.