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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is a person who runs an intermediate drug manufacturing business using 15 full-time workers in C, a stock company located in Chocheon-si.
(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the employer has agreed on the extension of the date;
Nevertheless, the Defendant provided the said stock company with labor from February 18, 2014 to June 13, 2014, and did not pay KRW 6,333,30 of the wages of the retired worker D on May 5, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, and did not pay KRW 25,302,840 in total, such as wages of three retired workers, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.
(b) When a worker dies or retires, the employer who violates the guarantee of retirement benefits of the worker shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date;
Nevertheless, the Defendant did not pay KRW 7,354,170 of retirement allowances of retired workers E from the above corporation to July 15, 2014, within 14 days from the date of retirement without an agreement on the extension of payment deadline between the parties.
2. Of the facts charged in the instant case
1. (a) A. A. A. A is a crime falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act;
1. B. Paragraph (b) of this Article is a crime falling under subparagraph 1 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act and Article 9 of the same Act, and is charged against the express will of the victim under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.