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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who is a business management officer who ordinarily operates offshore plant and special wire pipeline installation business using more than 100 workers in the name of (ju) E within C (ju) located in macro-si.
A. Although an employer in violation of the Labor Standards Act pays wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred when a worker dies or retires, the Defendant did not pay 94,785,324 won, including the bonus 440,590 won in May 17, 2016 and the total amount of wages and bonuses of 95 retired workers, as stated in the attached Table, within 14 days from the date of the retirement without agreement between the parties to the extension of the payment date, as well as the amount of wages and bonuses of 95 employees, including the bonus 40,590 won in May 17, 2016.
B. Although an employer violating the Act on the Guarantee of Retirement Benefits of Workers has paid retirement allowances within 14 days from the time when the ground for the payment thereof occurred when the employee retired from his/her workplace, the Defendant did not pay the retirement allowances of 2,169,360 won, including 2,169,360 won, 4-18, 29, 31-37, 52-56, 73, 74, 80, 83-95, 24, 14,146, 362 won, including 2,169,360 won, from June 17, 2016 to July 6, 2016, respectively, within 14 days from the date of each individual’s retirement without agreement between the parties to the extension of the payment period.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;
(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act (abstinence that all victimized workers wish not to punish the accused after the institution of the public prosecution in this case)