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The prosecution of this case is dismissed.
Reasons
The Defendant is the C representative of the Co., Ltd. in the Dongdaemun-gu Seoul Metropolitan Government B, who is a full-time employee and runs the manufacturing and wholesale business of medical devices using nine full-time workers.
When a worker dies or retires from office, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an extension of the date by an agreement between the parties concerned, due to special circumstances.
Nevertheless, the Defendant had worked from March 1, 201 to January 31, 2018 at the above workplace, and had not paid KRW 21,703,262 as well as KRW 3,00,000 on January 1, 2018, which was retired from the said workplace, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as shown in the list of crimes in the attached Table.
When a worker retires, the employer who violates the Guarantee of Retirement Benefits of Workers shall pay the retirement benefits within 14 days from the date on which the grounds for such payment occurred, unless there exists any extension of the date under an agreement between the parties concerned,
Nevertheless, the Defendant did not pay KRW 26,075,341 in total, including KRW 23,723,495, retirement allowances of two retired workers, within 14 days from the date of retirement without any agreement on the extension of payment date between the parties concerned, as stated in the list of crimes in the attached Table, while working in the above workplace from March 1, 201 to January 31, 2018.
2. The above crime is an offense falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and is not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
Accordingly, the victims do not wish to punish the Defendant on July 5, 2018 and July 19, 2018, after the institution of the instant indictment.