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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, from February 1, 2012 to February 1, 2012, has employed 40 full-time workers as the representative director of C Co., Ltd. and has engaged in the business of manufacturing electronic components
1. 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 fourteen days after the cause for such payment occurred;
The Defendant did not pay the total of KRW 3,808,720 of the wages of employees D employed by the Defendant from May 1, 2012 to November 27, 2015 within 14 days from the date of each retirement without agreement on the extension of the payment deadline, as shown in the attached list of crimes (the details on payment of wages and retirement allowances), as well as the payment of KRW 22,677,070,070, total amount of wages of six employees, as shown in the attached list of crimes (the details on payment of wages and retirement allowances).
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within 14 days, if the worker retires;
The Defendant did not pay KRW 5,33,750 of retirement allowances of employees D, who were employed in the said stock company from May 1, 2012 to November 27, 2015, within 14 days from the date of each retirement without agreement on the extension of the payment deadline, and did not pay KRW 28,910,750, total amount of six employees' retirement allowances, as shown in the list of crimes in the attached Form (the details on payment of wages and retirement allowances), as before the date of each retirement without agreement on the extension of the payment deadline.
2. The judgment was based on the following facts: (a) Articles 109(1) and 36 of the Labor Standards Act; (b) Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act; (c) cannot be prosecuted against each victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act; and (d) the proviso of Article 44 of the Workers’ Retirement Benefit Security Act; and (b) the record reveals that the victimized employee was prosecuted.