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All of the prosecutions of this case are dismissed.
Reasons
The defendant in the factory office is the employer as the representative director of C in the Gyeong-gun, Gyeong-gun, Gyeong-gun.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay the total amount of KRW 1,676,400 for D’s wages that he/she retired from office as a production assistant from November 16, 2010 to February 28, 2015 at the above company, and did not pay to all six employees 1,472,820 won in total from the date of each retirement, as stated in the details of the money and valuables in arrears in attached Form 1,472,820, as well as in the written statement of the money and valuables in arrears in attached Form.
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, the Defendant did not pay KRW 7,792,99 of D’s retirement pay to the above company from November 16, 2010 to February 28, 2015 to 14 days from the date of retirement, and did not pay KRW 114,536,492 in total to 13 employees, as stated in the details of the money and valuables in arrears for each individual, as well as the payment of KRW 14,536,492 in total from the date of retirement to 14 days from the date of each retirement.
The above facts charged are crimes 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 explicit 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 records, the above workers' withdrawal of the victim's intent to punish the defendant after the indictment of this case was instituted. Thus, the above workers' withdrawal of the intent to punish the defendant pursuant to Article 327 subparag.