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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the C representative director in Seo-gu Incheon, is an employer who runs a manufacturing business by employing 30 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
The Defendant worked for the said company from May 1, 2014 to December 31, 2014, and retired from office on December 2014, 2014, and had not paid KRW 82,673,535 in total, including wages, bonuses, retirement allowances, etc. to 29 workers, as shown in the attached crime list, within 14 days from the date of retirement without justifiable grounds, such as an agreement between the parties to extend payment.
2. Each of the above facts charged is a crime falling under Article 109(1), Article 36, and Article 43 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 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 According to the trial records, the above worker has withdrawn his/her wish to punish the defendant after the institution of the instant case. In the case of workers E, F, G, H, H, H, K, K, L, M, N, andO, the worker listed in the attached list did not submit a written withdrawal individually. However, according to the records, since the worker appointed D as a real representative and delegated him/her with all rights such as the statement of the case requesting the payment of wages, the confirmation of money and valuables, and the withdrawal of the written appointment of the representative, it is recognized that D has legally delegated his/her authority not wanting punishment against the above worker.