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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a representative of C department store in Daejeon-gu, Daejeon-gu, who operates clothes sales business by employing two full-time workers, and is an employer.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant worked as a salesperson from September 5, 2008 to August 3, 2014 at the said store and retired from the said store, and the Defendant did not pay the total of KRW 14,370,328 in wages of July 7, 2014, wage of 174,193 won in August 8, 2014, annual paid leave allowance of 5,442,705 won in annual paid leave, and F’s wage of 1,765,000 won in July 7, 2014, wage of 154,838 won in annual paid leave, annual paid leave allowance of 154,838,592 won in arrears, and annual paid leave of 4,370,328 won in total within 14 days from the date of retirement without agreement between the parties to the due date of payment.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the day on which the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, while serving as a salesperson from September 5, 2008 to August 3, 2014 at the above store, did not pay the retirement allowance of KRW 12,424,257, and F’s retirement allowance of KRW 10,224,226, and KRW 22,648,483, respectively, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.
2. The violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act are crimes that cannot be prosecuted against the express will of the victim (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). The victims do not want punishment of the Defendant on August 12, 2015, which is the second trial date of this case.