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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is a person who is a manager of the B building and the Dispute Resolution D office in subparagraph C, and runs a metal product manufacturing business using 20 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the total amount of wages of two workers including KRW 8,464,80 and annual unused allowances, as shown in the attached Table, within 14 days from the date of retirement, without agreement on the extension of the due date between the parties, as well as KRW 2,292,930, May 2, 2019, which was worked at the above workplace from December 12, 2017 to June 22, 2019.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 3,594,600, respectively, within 14 days from the date of retirement, as well as KRW 1,800,369, in addition to the amount of retirement allowances of E (Korean nationality) worked in the said workplace from December 12, 2017 to June 22, 2019, as well as KRW 1,80,369, in addition to the amount of delayed payment for each individual.
2. The above facts charged constitute 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 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. The withdrawal of an accusation containing the victims’ intention not to punish the victims is made on October 14, 2019.