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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is the representative director of the C Co., Ltd. in Ulsan-gu, Ulsan-gu, who is an employer as a person in charge of operating a metal product manufacturing business with 30 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables 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.
The Defendant, at the same place of business, worked as a production employee from November 14, 2012 to December 31, 2013 at the foregoing place of business, and did not pay each worker’s wages or retirement allowances within 14 days without agreement on extension of the due date for payment between the parties concerned, as well as KRW 1,434,195, retirement allowances and KRW 5,979,518, which were retired on December 12, 2013.
2. We examine the judgment. 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 Guarantee of Workers' Retirement Benefits Act, and cannot institute a public prosecution against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, each worker who recorded the details of personal arrears money and valuables in the attached form has withdrawn his/her wish to punish the Defendant after the instant indictment. Thus, all of the instant public prosecutions in this case are dismissed in accordance with Article 32