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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the C representative director of the Co., Ltd., in the facts charged, is an employer who runs the business of manufacturing semiconductor parts using eight full-time workers.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay the total amount of KRW 3,335,664, which is the sum of the annual allowances of retired workers D and E, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;
Nevertheless, the Defendant did not pay the total amount of KRW 20,523,010,00 from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as stated in the attached Form.
2. Determination 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 not charged 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.
According to the records, since the facts are acknowledged after the prosecution of this case was instituted and all injured workers expressed their wish not to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.