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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the defendant as the representative of the Seoul Yongsan-gu Seoul Metropolitan Government Group 101 Building (State) and the representative of the Gangnam-gu Seoul Metropolitan Government (State) E.
(a) An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the payment deadline;
From April 1, 2014 to July 30, 2017, the Defendant did not pay KRW 26,296,00,00,00 for the total wages of 6,517,948, as indicated in the following crime list, to 75,517,948, as stated in the following crime list, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of payment period.
(b) An employer who violates the Act on 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 grounds for such payment occurred, unless the parties have agreed to extend the payment deadline.
From April 1, 2014 to July 30, 2017, the Defendant did not pay 10,285,950 won in total, 77,143,300 won in total, as indicated in the following list of crimes, to eight employees, as stated in the following list of crimes, within 14 days from the date of retirement, notwithstanding the absence of an agreement between the parties on the extension of payment period.
2. The Defendant’s violation of the Labor Standards Act due to unpaid wages, and violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits), and since all victimized workers expressed their intent not to be punished by the Defendant, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.