Text
The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is a representative director of C Co., Ltd. in the window B of Changwon-si, who runs a manufacturing business using 20 full-time workers.
When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.
Nevertheless, the defendant works in the above workplace from August 22, 2019 to February 27, 2020.
D's total of 14,913,231 won, including 1,595,770 won in December 2019, including three workers' wages and retirement allowances, did not pay 14,913,231 won within 14 days from the date of retirement of each worker, without an agreement between the parties on the extension of the due date.
2. The judgment is the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits 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 Act on the Guarantee of Workers' Retirement Benefits. According to the records, the victims can recognize the fact that the victims submitted the written agreement after the prosecution of this case and expressed their wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.