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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of B, who is an employer who operates a restaurant business in China using 7 workers at the location of Seogpo City C. A.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 100,00 of D’s wages on July 28, 2012, which had been worked from around November 3, 2019 to around November 3, 2019, KRW 1,106,220 of annual unused annual allowances in 2017, KRW 1,626,790 of annual unused annual allowances in 2018, and KRW 4,459,80 of annual unused annual allowances in 2019, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
(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: Provided, That the payment date may be extended under special circumstances, by mutual agreement between the parties concerned; and
Nevertheless, the Defendant did not pay KRW 21,347,527 of D retirement pay from July 28, 2012 to November 3, 2019 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, Article 4 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the victim withdraws his wish to punish the Defendant on June 11, 2020, which is after the prosecution of this case.