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The prosecution of this case is dismissed.
Reasons
The Defendant is an actual manager of the Heung-gu building B and the D Co., Ltd., which is established under the facts charged, and runs a construction business with three regular workers. A.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from October 25, 2017 to January 23, 2020, did not pay KRW 25,624,650 in total, as stated in the attached crime list, as well as KRW 2,027,876, out of the wages of E retired from the said workplace, within 14 days from the date of retirement, without agreement on extension of the payment 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; and
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked from October 25, 2017 to January 23, 2020 at the above workplace and did not pay KRW 7,701,459 of the retirement pay of E retired from office within 14 days from the date of retirement without an agreement on extension of the due date.
2. The violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act are crimes which cannot be prosecuted against the express will of the victim (Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act). Since the victim expressed his/her intention not to prosecute the defendant on December 11, 2020, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.