The prosecution of this case is dismissed.

The Defendant is an actual operator of Seo-gu Incheon Metropolitan City C, and an employer who operates a specialized motor vehicle repair business using three full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from August 13, 2016 to August 8, 2018, the Defendant provided labor at the same workplace and provided labor at the same workplace as well as paid KRW 18,199,077 of the retired workers D wages from June 23, 2016 to August 8, 2018, and paid KRW 36,19,07 of the retired workers E wages from the date of retirement within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. 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

Nevertheless, from August 13, 2016 to August 8, 2018, the Defendant provided labor to the said workplace and did not pay 14,080,256 won, including the total of 6,80,923 won, and 7,279,333 won, of retirement pay of retired workers E, to the said workplace from June 23, 2016 to August 8, 2018, without agreement on the extension of the due date for payment between the parties.

Judgment

However, this is an offense 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 be prosecuted against the victim’s express intent under the proviso of Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the written application for non-prosecution of punishment, the victim D and E can be recognized as having withdrawn their wish to punish the defendant on September 25, 2019 after the indictment of this case was instituted.

Therefore, Article 327 of the Criminal Procedure Act.