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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the actual manager of Yeongdeungpo-gu Seoul Metropolitan Government Building 903, who operates a service business (software development business) by using five regular workers.
The Defendant worked in charge of the development of a program from July 1, 2011 to December 31, 2011 at the same place of business, and did not pay the retirement allowances of KRW 3,820,867 in total, including KRW 2,564,963, retirement allowances of KRW 1,255,904, and retirement allowances of KRW 1,820,867, which is the date on which the relevant cause for payment occurred, within 14 days from the date of retirement, which is the date on which the relevant cause for payment occurred.
2. Of the facts charged in the instant case, the fact that wages are unpaid after retirement is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and constitutes a crime of non-compliance under Article 109(2) of the same Act.
In addition, the unpaid retirement allowance is a crime falling under Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 26, 2012). Although the above Act does not provide for the crime as a crime of non-prosecution, the above crime was revised under the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits amended by Act No. 10967, Jul. 26, 2012 as an offense of non-prosecution. The Addenda does not include any transitional provision related to its application, but is more favorable to the defendant, so the amended Act shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decision 2005Do4462, Oct. 28, 2005). The above crime also constitutes a crime of non-prosecution (see, e.g., Supreme Court Decision
The records show that the victim has withdrawn his/her wish to punish the defendant after filing the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.