The prosecution of this case is dismissed.

The Defendant is the president of the medical corporation C in Seongbuk-gu, Sungnam-si, Gyeonggi-do, who runs the medical business using 200 full-time workers.

1. When a worker dies or retires, the 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 did not pay 6,121,887 won in total, including 13,431,125 won in D’s wage and annual allowances, and 6,121,887 won in the aforementioned workplace from May 20, 2014 to December 9, 2017, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as described in attached Table (1).

2. 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 did not pay the total amount of KRW 9,031,263 of the seven employees' retirement allowances as stated in the attached crime list (2) including KRW 1,007,842 of D retirement allowances, who worked in the above workplace from May 20, 2014 to December 9, 2017, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Judgment

Each of the facts charged in the instant case 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 is not prosecuted against the explicit intent of each victim under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, each court's non-prosecution to punish the defendant prepared by the victims after December 20, 2019 that the prosecution of this case was instituted on or after December 20, 2019 was submitted to this court on February 27, 2020.

Therefore, the prosecution of this case is instituted by the victim.