All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is the user who is the representative of the Dispute Resolution Co., Ltd. in Kimpo-si, and has run a recycling goods selection business using 18 full-time workers. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties if special circumstances exist.
Nevertheless, the Defendant did not pay KRW 15,62,540 of the wages of three workers within 14 days from the time when the cause for the payment occurred, as well as KRW 1,438,230 of the D’s working hours from October 8, 2010 to January 31, 2014, as well as KRW 1,438,230 of the D’s wage in October 2013.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 10,412,380 of retirement allowances of two workers, including KRW 4,770,630 of the D retirement allowances, within 14 days from the date when the cause for the payment occurred, without agreement between the parties to the extension of the due date.
2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. The records of the instant case reveal that the victim's employees have withdrawn their wish to punish the Defendant after the instant indictment.