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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative of the Co., Ltd. C in Daegu-gu, the facts charged, is an employer who runs newspaper printing business using 20 full-time workers.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, employed by the Defendant around February 21, 2017, worked until September 30, 2019, and retired from office until September 30, 2019, did not pay 5,340,569 won in total, including 197,742 won, etc. of wages of 197,742 won, and 14,045,678 won in total among two employees, such as the attached list of crimes (1), within 14 days from the date of each retirement without agreement on the extension of the payment date between the parties concerned.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant, employed by the Defendant on March 11, 2013 and served until May 31, 2019, did not pay KRW 24,091,211 as well as KRW 10,825,620 of the retirement allowances of the retired workers E, including the retirement allowances of KRW 10,825,620, respectively, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.
2. The facts charged in the instant case are crimes 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 (the facts charged) and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victims expressed their intention not to be punished against the Defendant on November 13, 2020 after the instant indictment.