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Each public prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who has run a manufacturing business with 30 full-time workers as the C representative director of the company located in the old and American City, Co., Ltd.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked from January 24, 201 to May 31, 2015 and retired from office D's wages of 2,250,000 won in April 2015 and did not pay 27,66,620 won in total for five retired workers within 14 days from the date of each retirement without agreement on the extension of the due date between the parties, such as the details of payment of money and valuables attached hereto.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant had worked from January 24, 201 to May 31, 2015, and had retired D’s retirement pay of KRW 3,66,460, as well as KRW 21,476,560 in total for five retired workers, such as the details of arrears in the attached money and valuables, and did not pay KRW 21,476,560 in total within 14 days from the date of each retirement without any agreement on extension of the due date between the parties
2. Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 main sentence, and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victim D is the victim’s on November 23, 2015, which was after the instant prosecution was instituted, and the victim E on December 1, 2015; the victim F on December 4, 2015; the victim G and H on December 4, 2015.