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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant, as the representative of office household in Seo-gu Incheon Metropolitan City, is an employer who runs a business of manufacturing office households using two full-time workers.
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant provided labor from July 12, 201 to November 30, 2015 to retired workers from the above workplace, and did not pay the total amount of KRW 1,750,000 for the wages of October 3, 2014, the amount of KRW 3,500,000 for the wages of KRW 1,750,000 for the portion of November 2, 2014, and the amount of KRW 3,50,000 for the wages of KRW 1,750,000 for the retirement workers from July 12, 201 to August 16, 201, the amount of KRW 846,780, KRW 1,750 for the retired workers from the above workplace, KRW 1,750,00 for the portion of wages of KRW 1,750,00 for each of the parties’ retirement workers, and KRW 300,000 for the retirement workers within 10,050.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Nevertheless, the Defendant provided his labor from July 12, 201 to November 30, 2015 at the above workplace and provided his labor from July 12, 201 to August 30, 201, from July 12, 2011 to August 16, 201, and did not pay 16,339,169 won, including the retirement allowances of retired workers E, including KRW 8,738,01, and the retirement allowances of workers E, from July 12, 201 to August 16, 2016, respectively, within 14 days from the date of each retirement without any agreement on the extension of the payment date between the parties.
2. Each of the facts charged in the instant case is an offense 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.
After the institution of the instant prosecution, the victims’ intention to address is contained.