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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a C representative in Ansan-si, a member of Ansan-si, who runs an electronic component manufacturing business using 15 full-time workers. A.
When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and 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 employed as a production worker in the foregoing workplace from May 1, 2012 to February 17, 2017, and from May 26, 2017 to August 31, 2018.
The annual allowances of retired workers D were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned. The total amount of KRW 2,636,640 in the year 2015, KRW 530,640 in the year 2016, KRW 998,40 in the year 2017, KRW 1,052,40 in the year 2018, and KRW 2,636,640 in the year 2018.
(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 mutual agreement between the parties if special circumstances exist.
Nevertheless, the Defendant is employed as a production worker in the foregoing workplace from May 1, 2012 to February 17, 2017, and from May 26, 2017 to August 31, 2018.
A retired worker D’s total amount of KRW 2,905,978,00,000,000,000 for the period of service from May 1, 2012 to February 17, 2017, and KRW 2,905,978,00 for the period of service from May 26, 2017 to August 31, 2018, did not pay KRW 2,905,978 within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
2. Determination
(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. It expresses the intent that the victimized worker does not want the punishment of the defendant after the indictment of this case
(c) Public prosecution;