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The prosecution of this case is dismissed.
Reasons
1. The Defendant in the facts charged of the instant case is the C representative director of the Co., Ltd. located in Pakistan-si, and the user who runs the business of manufacturing household mixing machinery using 30 full-time employees.
(a) When a worker dies or retires from office, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties, due to special circumstances;
Nevertheless, Defendant 1 worked from March 25, 2013 to March 10, 2017 at the said workplace, and did not pay KRW 1,592,640 of the balance of bonus of retired workers D, and did not pay KRW 16,948,940 in total, 10 of the balance of bonus of 10 workers as shown in the attached crime list, as shown in the attached crime list, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period.
(b) An employer who violates the Guarantee of Retirement Benefits of Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days from the date on which the causes for such payment occurred, unless there exist any special circumstances.
Nevertheless, the defendant employed from March 25, 2013 to March 10, 2017 at the above workplace, and did not pay KRW 4,231,633 of the retirement pay balance of the retirement pay of retired workers D, and did not pay KRW 61,266,202 in total for the amount of the total amount of the retirement pay of workers nine (9) as shown in the list of crimes in the attached crime list, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period.
2. The judgment is an offense 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, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the above victimized worker is prosecuted against the Defendant after the prosecution of the instant case is instituted.