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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative director of C-Industrial Co., Ltd., Ltd., located in Spocheon-si B, the Defendant is an employer who runs the manufacturing industry by making
(a) Where an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment, but the Defendant did not, within 14 days from the date of his/her retirement without any agreement on the extension of the due date for payment between June 15, 2015 and March 31, 2018, D’s wages of 600,000 won for December 1, 2017, and wages of 1,80,000,000 won for February 2018, and wages of 1,80,000,000 won for March 1, 2018, including wages of 1,80,000,000 won for an extension of the due date.
(b) An employer shall, where a worker dies or retires, pay the retirement allowance 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 5,035,068 of D retirement pay from June 15, 2015 to March 31, 2018 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.
According to the records, since a worker had expressed his/her wish not to punish the defendant on August 24, 2018, which was after the institution of the instant public prosecution, and thus, it is recognized that he/she had expressed his/her wish not to punish the defendant, all of the public prosecutions of this case are dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and