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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the actual manager of C(State)D located in the Republic of Korea, and the employer who runs the manufacturing industry using five full-time workers at the time of strike.
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working for the said workplace from November 16, 2009 to November 3, 2015, and is working for the employee E’s annual paid leave allowances of KRW 6,368,60, and from August 27, 2012 to November 3, 2015, and is working for the F’s annual paid leave allowances of KRW 2,182,581, and from January 2, 2009 to November 3, 2015, the Defendant did not pay KRW 9,849,598 to G workers’ annual paid leave allowances of KRW 14 days from the date of retirement without agreement on the extension of the payment date between the parties.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay 2,437,730 retirement allowances of E retired workers, F's retirement allowances of 8,403,688 won, G's retirement allowances of 34,980,376 won within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.
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 Guarantee of Workers’ Retirement Benefits Act, and is 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.