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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative of the Co., Ltd. C in Gangnam-gu Seoul Metropolitan Government, is an employer who runs an insurance sales business using 20 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 from December 21, 2017 to May 2, 2018 at the above workplace.
D's total wage of KRW 2,600,000 in March 2018, and wage of KRW 2,200,000 in April 2018, did not pay KRW 2,600,000 within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;
(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.
C. On September 5, 2019, after the institution of public prosecution, a letter of revocation of complaint was submitted to the effect that workers are not subject to punishment.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;