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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who runs a construction business with three regular workers, a stock company E in Seo-gu Incheon, Seo-gu, Incheon.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the defendant works from May 1, 201 to October 27, 2012 at the above workplace.
The sum of the wages of KRW 12,100,000 per month from May 2012, and KRW 2,000,000 per month from May 201 to October 2012 did not pay KRW 12,10,000 within 14 days from the date of retirement without any agreement on extension of the due date.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay F's retirement allowance of KRW 1,416,160 within 14 days from the date of retirement without any agreement on the extension of the due date.
2. We examine the judgment. The facts charged in this case are crimes falling under 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. Under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, public prosecution may not be instituted against the victim’s express intent. According to each of the statements in the witness G’s legal statement, the authentic statement, and the Defendant’s submission of the authentic statement (Evidence No. 1) on the ground that he did not receive wages, etc., G submitted the authentic statement against the Defendant to the Incheon Northern District Office of the Central Labor Agency of the Central Small and Medium Local Labor Agency, and G transferred the above case to the Deputy District Office of the Central Labor Agency of the Central