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All of the prosecutions of this case are dismissed.
Reasons
The Defendant is a representative of C&A, which is a building B of the Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, and runs an educational service business with five regular workers.
1. The Defendant in violation of the Labor Standards Act did not pay the total amount of KRW 42,460,000 for six workers, as shown in the attached crime list, as well as KRW 900,00,00, which was worked in the above workplace from December 27, 2010 to May 27, 2013, within 14 days from the date of retirement without any agreement on extension of payment period between the parties concerned.
2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act shall work in the above workplace from December 27, 2010 to May 27, 2013.
The retirement allowance of 3,588,070 won and the total retirement allowance of 7,969,740 won for 2 workers, as described in the attached list of crimes, was not paid within 14 days from the date of retirement without any agreement on extension between the parties concerned of the due date.
The dismissal of public prosecution is one of the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and the case of unpaid wages among the above crimes cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. The case of unpaid retirement allowances is an offense falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s express intent under Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the records, the victims prepared a statement of withdrawal of the petition stating their intention not to be punished against the defendant, and the defendant can recognize the fact that the victims submitted the above statement of withdrawal to the court on November 19, 2013 after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.