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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative of C in the racing-si, employs ten full-time workers and operates the business of manufacturing automation facilities and machinery. A.
When a worker retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant worked at the said workplace from November 1, 2008 to December 31, 2013, and did not pay the total of KRW 19,152,537 of workers’ wages, bonuses, annual allowances, and KRW 19,152,537 within 14 days from the date of retirement, as shown in the separate crime list, including KRW 841,70, Nov. 1, 2013 of retired workers D, as well as KRW 841,70, Jan. 1, 2014.
(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 worked at the above workplace from November 1, 2008 to December 31, 2013, and did not pay the total of KRW 26,526,637 of the three employees' retirement allowances as shown in the attached crime list, as shown in the attached crime list, as well as KRW 13,757,429 of the retirement allowances of retired workers D, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.
2. The facts charged in this 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, and cannot be prosecuted against each victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it is recognized that the above victims have withdrawn their wish to punish the Defendant after the prosecution of this case, and therefore, it is recognized that they have withdrawn their wish to punish the Defendant.