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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative director of C, a corporation in Chungcheongbuk-gun B, is running the manufacturing business of functional health foods, etc. using 20 full-time workers.
When an employee retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless the employer has agreed to extend the due date.
Nevertheless, the Defendant did not pay the total amount of KRW 72,282,814 of the wages of four workers within 14 days from the date of retirement, as shown in the attached crime list, as well as KRW 1,933,30 of the D's wage for May 1, 2013, which he/she worked as a main agent from May 1, 2013 to August 31, 2013, as well as KRW 72,282,814, as described in the attached crime list.
(b) An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days from the date of retirement, unless otherwise agreed by the parties concerned.
Nevertheless, the Defendant did not pay KRW 16,819,257, including KRW 3,592,893, as stated in the list of crimes in the attached Table at the above workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment, as well as KRW 16,819,257, including KRW 3,592,893, working as the director of the division from March 7, 201 to February 29
2. Each of the facts charged in this part of the judgment is a case in which a public prosecution may not be instituted against the intent expressed by the victim under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act
However, according to the trial records, it is recognized that each of the above workers after the prosecution of this case had expressed his/her intention not to punish the defendant, so this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.